Tagged legal ethics

Testing for Legal Ethics and Efficacy: You take the test

Recently, a colleague asked me for an example of a bar exam question that tests the candidate’s judgment between being an effective lawyer and being an ethical one.  It has been long since I’ve prepared such a question, so here is a rusty stab at it: Astrid is a first-year lawyer hired recently by R. U. Hurt LLP, an injury law firm with a reputation for obtaining high settlements through zealous trial advocacy.  She is excited because her senior partner Jay Z. has introduced her to his client Brian, who had suffered a bad whiplash injury in a car accident with…

Judicial Ethics in Real Time: Commentary D.9 to Principle D.3 of Ethical Principles for Judges

This morning, the Chief Justice of Canada responded to a statement from the Prime Minister’s Office that, last summer, she initiated a call to the Minister of Justice regarding the nomination of Justice Marc Nadon.  Media reports have suggested the eruption of a very public battle of statements.  As lawyers, we respect and honour our Chief Justice, and take her at her word.  As I read her office’s release, I wondered: What could have possessed her? The press release issued by the Chief Justice’s office described the July 31, 2013, interaction with the Minister thus: On July 31, 2013, the Chief Justice’s office called…

“Micro-ethical” issues key to teaching professionalism

In a much-anticipated research paper on training lawyers to be ethical professionals, Shelley M. Kierstead of York University’s Osgoode Hall Law School and University of Toronto’s Erika Abner have published groundbreaking work in “Learning Professionalism in Practice.”  How and where do lawyers learn to be professional?  What are the modes of learning?  Is professional ethics the responsibility of law society regulators, the legal academy, or the profession?  Can ethical lawyers bring “swimmers” onto their lifeboat? The paper, funded by a fellowship grant from the Chief Justice of Ontario’s Advisory Committee on Professionalism (now the OBA Foundation Chief Justice of Ontario Fellowships in Legal Ethics and Professionalism),…

Lawyers as the public conscience of their clients

On October 16, as part of their joint professional development seminar, Current Topics in Ethics & Professionalism, the Toronto Lawyers Association and University of Toronto’s Centre for the Legal Profession will be staging “A Great Debate:  Should Lawyers Consider Themselves the Moral Conscience of their Clients?”  I will be debating in favour of the resolution. If you are attending and want to prep for the debate, or can’t make it, read my September, 2013, column in the Canadian Lawyer entitled “Lawyers and their demons.” (click on graphic, above right) ~  ~  ~ Le 16 octobre, l’Association des juristes de Toronto et le Centre…

Keynote Address to ABA YLD Conference

   Lee Akazaki delivered the Keynote Address to ABA YLD Conference, on August 5, 2011.  He talked about the “OF” and “FOR” dichotomy of being a lawyer and a representative professional.  Click ABA YLD Keynote  for the full text.   Terms of use / Mentions légales