For Immediate Release
August 12, 2006
ST. JOHN’S – The Canadian Bar Association has updated guidelines covering discriminatory behaviour, conflict of interest, and confidentiality in its 2006 Code of Professional Conduct aimed at helping protect clients’ interests.
“The confidence and respect of the public are cornerstones of the legal profession,” says CBA President Brian A. Tabor, Q.C. of Halifax. “This can only be achieved if lawyers maintain a reputation for both integrity and high standards of legal skill and care. The Code sets that high ethical standard.”
New provisions, among many others, deal specifically with:
- Confidentiality: New exceptions to lawyers’ duty to keep client information confidential are in place. Lawyers must disclose confidential information when they reasonably believe there is an imminent risk to a person or group, and the disclosure is necessary to prevent death or serious bodily harm. The Code now guides lawyers on how to reconcile “whistleblowing” on corporate misconduct with the duty of confidentiality.
- Discrimination: Sexual harassment and any other harassment by a lawyer are more clearly defined in the updated chapter on discrimination.
- Conflict of interest: New provisions make it clear that lawyers may not represent clients who are on opposite sides of a dispute unless the clients receive full disclosure about the conflict and agree to have the lawyer continue to represent them both.
- Civility: The 2006 Code introduces principles of civility for advocates. “Lawyers can disagree, even vigorously, without being disagreeable,” says Mr. Tabor. “Civility is the hallmark of the best lawyers.”
“The CBA is justifiably proud of the new Code as a contribution to the delivery of competent legal services according to the highest ethical traditions of our profession,” says Mr. Tabor.
“While the CBA does not regulate the practice of law – that responsibility lies with provincial and territorial law societies – the CBA has the experience and expertise to provide the guidelines and direction,” adds Mr. Tabor.
Since first published as The Canons of Legal Ethics in 1920, the CBA model code has earned a reputation as the “gold standard” within the legal profession. “We hope law societies will study the Code and adopt the changes,” says Alan Stern, Q.C. of Halifax, chair of the CBA’s Standing Committee on Ethics.
“In this era of globalized law practice and increased mobility across Canada, it is more important to have common conduct rules for all Canadian lawyers,” adds Mr. Stern.
Being released Aug. 13 at the CBA’s Canadian Legal Conference, the new model code contains general rules, followed by specific commentaries on how to apply the general rules. For example, Rule 2, Chapter IV, requires lawyers to protect the confidentiality of client information. The commentaries elaborate on the rule and discuss its application and exceptions. The Code is available online on the CBA Web site:
http://www.cba.org/CBA/activities/code/
The CBA’s Canadian Legal Conference is open to accredited media who have registered with the CBA Media Centre.
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 36,000 lawyers, law teachers, and law students from across Canada are members.
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CONTACT: Hannah Bernstein, Canadian Bar Association, Tel: (613) 237-2925, ext. 146; E-mail: hannahb@cba.org. Aug. 12 - 15: (709) 726-7594.
