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.… Read More

Why can’t a lawyer be more like a share capital corporation? A reflection on the CBA Legal Futures Final Report

Henry Higgins, in My Fair Lady, famously sang, “Why can’t a woman be more like a man?”  For Higgins, an elocution teacher who traded in British class prejudice by offering to improve clients’ social standing through posh talk, the education of a woman was essentially a troublesome Alternative Business Structure (ABS) – he could work with the… Read More

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… Read More

“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… Read More

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… Read More

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