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LawTechCamp - Rules of Professional Conduct


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Part of a presentation at LawTechCamp on May 12, 2012 at the University of Toronto Faculty of Law by Omar Ha-Redeye and Bob Tarantino

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LawTechCamp - Rules of Professional Conduct

  1. 1. Bob Tarantino, Heenan BlaikieOmar Ha-Redeye, Fleet Street Law
  2. 2. Important Notes This is just an overview  There are many Rules and examples that have been omitted Adapted from Internet and E-Commerce Law in Canada, “Overview: The Rules of Professional Conduct and their Application the Legal Profession Online (And Off),” March 2012
  3. 3. Rule 6.016.01 (1) A lawyer shall conduct himself or herself in sucha way as to maintain the integrity of the profession…
  4. 4. Rule 2.032.03 (1) A lawyer at all times shall hold in strictconfidence all information concerning the businessand affairs of the client acquired in the course of theprofessional relationship and shall not divulge anysuch information unless expressly or impliedlyauthorized by the client or required by law to do so.2.03 (6) If a lawyer engages in literary works, such asa memoir or an autobiography, the lawyer shall notdisclose confidential information without theclient’s or former client’s consent.
  5. 5. Rule 3.01(2)3.01(2) In offering legal services, a lawyer shall not use means(a) that are false or misleading,(b) that amount to coercion, duress, or harassment,(c) that take advantage of a person who is vulnerable or who has suffered atraumatic experience and has not yet had a chance to recover,(d) that are intended to influence a person who has retained another lawyer for aparticular matter to change his or her lawyer for that matter, unless the changeis initiated by the person or the other lawyer, or(e) that otherwise bring the profession or the administration of justice intodisrepute.
  6. 6. Rule 3.02(1)3.02 (1) In this Rule, “marketing” includes advertisements and othersimilar communications in various media as well as firm names(including trade names), letterhead, business cards and logos.(2) A lawyer may market legal services if the marketing(a) is demonstrably true, accurate and verifiable,(b) is neither misleading, confusing, or deceptive, nor likely to mislead,confuse or deceive, and(c) is in the best interests of the public and is consistent with a highstandard of professionalism.
  7. 7. Rule 3.03(1)3.03 (1) A lawyer may advertise that the lawyer is aspecialist in a specified field only if the lawyer has beenso certified by the Society.
  8. 8. Rule 4.054.05 (1) When acting as an advocate, before the trial of a case, a lawyer shall notcommunicate with or cause another to communicate with anyone that thelawyer knows to be a member of the jury panel for that trial.(2) When acting as an advocate, a lawyer shall disclose to the judge and opposingcounsel any information of which the lawyer is aware that a juror or prospectivejuror(a) has or may have an interest, direct or indirect, in the outcome of the case,(b) is acquainted with or connected in any manner with the presiding judge, anycounsel or any litigant, or(c) is acquainted with or connected in any manner with any person who hasappeared or who is expected to appear as a witness,unless the judge and opposing counsel have previously been made aware of theinformation.
  9. 9. Rule 4.05(3) A lawyer should promptly disclose to the court anyinformation that the lawyer has about improper conduct bya member of a jury panel or by a juror toward anothermember of the jury panel, another juror, or to the membersof a juror’s family(4) Except as permitted by law, when acting as an advocate,a lawyer shall not during a trial of a case communicate withor cause another to communicate with any member of thejury.(5) A lawyer who is not connected with a case before thecourt shall not communicate with or cause another tocommunicate with any member of the jury about the case.
  10. 10. Rule 4.064.06 (1) A lawyer shall encourage public respect for and tryto improve the administration of justice.(2) A lawyer who seeks legislative or administrative changesshall disclose the interest being advanced, whether thelawyers interest, the client’s interest, or the public interest.(3) A lawyer who has reasonable grounds for believing that adangerous situation is likely to develop at a court facilityshall inform the local police force and give particulars.
  11. 11. Rule 6.036.03 (1) A lawyer shall be courteous, civil, and act in good faith with allpersons with whom the lawyer has dealings in the course of his or herpractice. …(4) A lawyer shall not use a tape recorder or other device to record aconversation between the lawyer and a client or another legalpractitioner, even if lawful, without first informing the other person ofthe intention to do so. …(5) A lawyer shall not in the course of professional practice sendcorrespondence or otherwise communicate to a client, another legalpractitioner, or any other person in a manner that is abusive, offensive,or otherwise inconsistent with the proper tone of a professionalcommunication from a lawyer.
  12. 12. Rule 6.03(6) A lawyer shall answer with reasonable promptness all professionalletters and communications from other legal practitioners that requirean answer, and a lawyer shall be punctual in fulfilling all commitments.(7) Subject to subrule (8), if a person is represented by a legalpractitioner in respect of a matter, a lawyer shall not, except through orwith the consent of the legal practitioner,(a) approach or communicate or deal with the person on the matter, or(b) attempt to negotiate or compromise the matter directly with theperson.(8) A lawyer who is not otherwise interested in a matter may give asecond opinion to a person who is represented by a legal practitionerwith respect to that matter.
  13. 13. Rule 6.066.06 (1) Provided that there is no infringement of thelawyer’s obligations to the client, the profession, the courts,or the administration of justice, a lawyer may communicateinformation to the media and may make public appearancesand statements.(2) A lawyer shall not communicate information to themedia or make public statements about a matter before atribunal if the lawyer knows or ought to know that theinformation or statement will have a substantial likelihoodof materially prejudicing a party’s right to a fair trial orhearing.
  14. 14. For More Information Bob Tarantino   @BobTarantino  Omar Ha-Redeye   @OmarHaRedeye 