by Holly J Lindsey

When we get called to the bar each of us is relatively familiar with the Code of Professional Conduct. However, I have noted that as the years pass away so does our recollection of the contents of that helpful little manual. Regrettably, I fear that many of us only dust off our copies when we find ourselves in trouble, be it ethically, morally or professionally, or alternatively when we think someone else may be. Some of us may not even have copies. I suspect this because I recently, in one office for a short-term contract, had to search diligently in several lawyers’ offices for a copy, to no avail. I was eventually forced to borrow the single courthouse library copy to re-peruse the rules. When I did find it, I decided it was time again for a closer look at a couple of these that are relevant every day in our practices, regardless of what type of law we engage in. The first of these is the rule on “integrity”.

Rule One
The lawyer must discharge with integrity, all duties owed to clients, the court, other members of the profession, and the public. One of the guiding principles of the rule on integrity defines integrity as “the fundamental quality of any person who seeks to practice as a member of the legal profession.” It goes on to state that the principle of integrity is a key element of each rule of the Code.

The second one goes something like this:

Rule Two
The lawyer should encourage public respect for and try to improve the administration of justice. The guiding principles here continue on to say “judicial institutions will not function effectively unless they command the respect of the public.” Finally the scope of the rule clearly indicates that “the obligation, outlined is not restricted to the lawyers professional activities but is a general responsibility resulting from the lawyer’s position in the community”.... ”because the mere fact of being a lawyer will lend weight and credibility to any public statements.”

Integrity, public respect for the administration of justice, what does any of this have to do with me you ask? As any counsel knows, professionally one’s word is one’s bond. I suggest it’s fair to say we all know the distaste we feel if a colleague suggests to us that in dealing with another member we should be sure to “get it in writing”. God forbid that anyone say that of ourselves, at least we hope not, and undoubtedly we practise in a manner that will ensure our colleagues won’t have grounds to make such a scurrilous comment.

Think about it! You undoubtedly worked hard to get where you are. Don’t you feel you are entitled to respect? How, though, are you going to get it if you don’t respect your colleagues and/or the reasoned judicial decisions handed down, especially where they may not agree with your own position. Remember too, the judges cannot defend themselves. You can.

We evaluate ourselves using a high standard. I only suggest that we as individuals apply it to establish and maintain a reputation for those very high standards and for integrity and care. Only in this manner can we continue to command the confidence of the public, and after confidence comes respect.

One final commentary is that with respect to the meaning and application of the above rules I would not presume to interpret these for your benefit. That’s what benchers are for.

So dust off your copy of the code, keep it handy and above all open it up and think about it once in a while. It really is a very small book, with very wide repercussions.

By the way, for quoted references, cites and pages....read it yourself.

Holly J Lindsey is a sole practitioner with Lindsey Mediation & Law.

This article was published in the April 2000 issue of BarTalk. © 2000 The Canadian Bar Association. All rights reserved.