Law Society of Alberta Code of Conduct

1 Law Society of Alberta code of Conduct February 20, 2020 Law Society of Alberta code of Conduct _____ _____ Version #: 2020_V1 February 20, 2020 Table of Contents Introduction .. 1 Preface .. 1 Chapter 1 Interpretation and Definitions .. 3 Definitions .. 3 Chapter 2 Standards of the Legal Profession .. 5 Integrity .. 5 Chapter 3 Relationships to Clients .. 7 Competence .. 7 Definitions .. 7 Competence .. 8 Quality of Service .. 11 Quality of Service .. 11 Limited Scope 12 Honesty and Candour .. 13 Client Instructions .. 14 Language Rights .. 16 When the Client is an Organization.

2 17 Encouraging Compromise or Settlement .. 17 Threatening Criminal or Regulatory Proceedings .. 18 Inducement for Withdrawal of Criminal or Regulatory Proceedings .. 18 Fraud by Client or Others .. 19 Fraud when Client an Organization .. 21 Clients with Diminished Capacity .. 22 Confidentiality .. 24 Confidential Information .. 24 Use of Confidential Information .. 26 Future Harm / Public Safety Exception .. 27 Disclosure of Confidential Information by Lawyers .. 28 Conflicts .. 30 Duty to Avoid Conflicts of Interest .. 30 Law Society of Alberta code of Conduct _____ _____ Version #: 2020_V1 February 20, 2020 Disputes.

3 32 Current Clients .. 33 Concurrent Clients .. 34 Joint Retainers .. 36 Acting Against Former Clients .. 39 Conflicts from Transfer Between Law Firms .. 42 Merged Firms .. 46 Conflict with Lawyer s Own Interests .. 47 Doing Business with a Client .. 47 Conflicts Arising from Relationships with Others .. 50 Pro Bono Service Alberta .. 51 Preservation of Clients Property .. 54 Preservation of Clients Property .. 54 Notification of Receipt of Property .. 55 Identifying Clients Property .. 55 Accounting and Delivery .. 55 Fees and Disbursements .. 57 Reasonable Fees and Disbursements.

4 57 Contingent Fees and Contingent Fee Agreements .. 58 Statement of Account .. 58 Joint Retainer .. 59 Division of Fees and Referral Fees .. 59 Exception for Multi-discipline practices and Inter-jurisdictional Law Firms .. 60 Payment and Appropriation of Funds .. 61 Prepaid Legal Services Plan .. 61 Withdrawal from Representation .. 62 Withdrawal from Representation .. 62 Optional Withdrawal .. 62 Non-payment of Fees .. 63 Withdrawal from Criminal Proceedings .. 64 Obligatory Withdrawal .. 64 Manner of Withdrawal .. 65 Duty of Successor Lawyer .. 66 Law Society of Alberta code of Conduct _____ _____ Version #: 2020_V1 February 20, 2020 Leaving a Law Firm.

5 66 Chapter 4 Marketing of Legal Services ..69 Making Legal Services Available .. 69 Making Legal Services Available .. 69 Restrictions .. 69 Marketing .. 71 Marketing of Professional Services .. 71 Advertising of Fees .. 71 Advertising Nature of Practice .. 72 Firm Names .. 73 Chapter 5 Relationship to the Administration of Justice ..75 The Lawyer as Advocate .. 75 Advocacy .. 75 Duty as Prosecutor .. 80 Disclosure of Error or Omission .. 81 Courtesy .. 82 Undertakings .. 82 Agreement on Guilty Plea .. 82 Handling Evidence .. 83 Incriminating Physical Evidence.

6 83 The Lawyer as Witness .. 85 Submission of Evidence .. 85 Appeals .. 85 Interviewing Witnesses .. 86 Interviewing Witnesses .. 86 Communication with Witnesses Giving Evidence .. 88 Communication with Witnesses Giving Evidence .. 88 Relations with Jurors .. 90 Communications before Trial .. 90 Disclosure of Information .. 90 Communication during Trial .. 91 The Lawyer and the Administration of Justice .. 92 Encouraging Respect for the Administration of Justice .. 92 Law Society of Alberta code of Conduct _____ _____ Version #: 2020_V1 February 20, 2020 Seeking Legislative or Administrative Changes.

7 93 Lawyers and 94 Role of Mediator .. 94 Chapter 6 Relationship to Students, Employees, and Others ..95 Supervision .. 95 Direct Supervision Required .. 95 Application .. 95 Delegation .. 95 Suspended or Disbarred Lawyers .. 97 Electronic Registration of Documents .. 98 Students .. 99 Recruitment and Engagement Procedures .. 99 Duties of Principal .. 99 Duties of Articling Student .. 99 Harassment and Discrimination .. 100 Chapter 7 Relationship to the Society and Other Lawyers .. 101 Responsibility to The Society and The Profession Generally .. 101 Communications from the Society .

8 101 Meeting Financial Obligations .. 101 Duty to Report .. 101 Encouraging Client to Report Misconduct .. 103 Responsibility to Lawyers and Others .. 104 Courtesy and Good Faith .. 104 Correcting Misinformation .. 105 Communications .. 106 Inadvertent Communications .. 109 Undertakings and Trust Conditions .. 110 Outside Interests and The Practice Of 112 Maintaining Professional Integrity and Judgment .. 112 The Lawyer in Public Office .. 114 Standard of Conduct .. 114 Public Appearances and Public Statements .. 115 Communication with the Public .. 115 Law Society of Alberta code of Conduct _____ _____ Version #: 2020_V1 February 20, 2020 Interference with Right to Fair Trial or Hearing.

9 116 Preventing Unauthorized Practice .. 117 Preventing Unauthorized Practice .. 117 Errors and Omissions .. 118 Informing Client of Errors or Omission .. 118 Notice of 119 Law Society of Alberta code of Conduct _____ _____ Version #: 2020_V1 February 20, 2020 Page 1 of 119 Introduction The Law Society of Alberta participated with the Federation of Law Societies of Canada in the development of a Model code of Conduct from 2004 to 2010. The Professional Responsibility Committee and the Benchers then undertook a thorough review to ensure that the Model code was current and complied with Alberta law and practice.

10 Alberta lawyers will find the format and paragraph numbering new. At the same time, the content preserves much of the commentary, cross referencing and legal referencing characteristic of the former code of Professional Conduct that served so well as a practical guide to lawyer Conduct . The practice of law continues to evolve. That is mainly why the Law Society has adopted the code of Conduct set out in the following pages. Interprovincial lawyer mobility, anticipated in 1995, has arrived as a reality and allows lawyers to practice in every province and territory in the country.