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Category: Ethics and the Legal Profession Page 12 of 20

Douglas Inquiry Committee Resigns

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On November 27, 2013

In Ethics and the Legal Profession

PDF Version: Douglas Inquiry Committee Resigns

Decision commented on: Inquiry Committee concerning the Hon. Lori Douglas, Reasons For Resignation of the Inquiry Committee (November 20, 2013)

In a stunning development, the Inquiry Committee charged with investigating the conduct of the Hon. Lori Douglas, chaired by Chief Justice Catherine Fraser of the Alberta Court of Appeal, has resigned en masse. Associate Chief Justice Douglas was investigated by the Canadian Judicial Council in relation both to her conduct prior to her judicial appointment and to her disclosures during the appointment process. The Inquiry Committee was additionally charged with considering her conduct during the Canadian Judicial Council’s investigation, and in particular allegations that she interfered with the investigation. (For a previous discussion of this case on ABlawg see here).

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Client Rights and Lawyers’ Files

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On November 5, 2013

In Ethics and the Legal Profession, Property

PDF Version: Client Rights and Lawyers’ Files

Case commented on: Royal Bank of Canada v Kaddoura, 2013 ABQB 630

In a recent decision, Master Prowse held that a client who sues a lawyer may obtain production of documents from the files of other clients of the lawyer.  The production of specific documents may be resisted on the basis of solicitor-client privilege.  Master Prowse did not, however, impose any requirement that those clients be given notice of the production of documents from their files, did not consider whether the documents contain confidential (as opposed to privileged) information, whether the documents are properly considered to be in the “control” of the lawyer, or assessment of the risk of prejudice to the legal interests of those clients from disclosure.  In short, the judgment appeared to give no weight or consideration to those clients. This result is unfortunate, and inconsistent with the usual respect afforded to the confidentiality of lawyer-client communications.

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Lawyers Who Write Bogus Demand Letters: The Freemen in Our Midst?

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On October 30, 2013

In Ethics and the Legal Profession, Vexatious Litigants

PDF Version: Lawyers Who Write Bogus Demand Letters: The Freemen in Our Midst?

The phenomenon of organized pseudo-legal commercial arguments (OPCA) being used to advance claims not recognized by law has received a great deal of attention in the past year.  From last year’s judgment of Associate Chief Justice Rooke in Meads v Meads, 2012 ABQB 571 [Meads], to the recent occupation of a Calgary apartment by a Freeman-of-the-land who claimed it as an “embassy”, OPCA litigants have disrupted the functioning of the legal system while attracting public attention and interest. In this column I argue that the defining indicia of OPCA are also present in the activities of some lawyers; specifically, in lawyers sending out demand letters based on spurious claims in the hope of extracting funds because of the fear and ignorance of those who receive them.  I will further argue that our failure to address that conduct undermines our moral authority to challenge OPCA litigants and, worse, may contribute to a cultural climate of skepticism about the law’s legitimacy and authority, which helps OPCA to flourish.

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Prosecutorial Discretion and Solicitor-Client Costs

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On October 9, 2013

In Criminal, Ethics and the Legal Profession

PDF Version: Prosecutorial Discretion and Solicitor-Client Costs

Case commented on: R v Leonard, 2013 ABQB 531

In R v Leonard, 2013 ABQB 531, Justice Thomas awarded solicitor-client costs against the Crown on the basis that the Crown continued with the prosecution of Leonard after the point where it “should have realized it had no realistic basis to continue” (at para 97).  He did so after rejecting an application by the Crown that he should recuse himself.  The Crown had argued for recusal because Justice Thomas had tried the underlying criminal case and, in the course of doing so, had reserved jurisdiction to award costs, had suggested that the Crown’s conduct warranted review by the Minister of Justice and Solicitor General of Alberta, and had emphasized the weakness of the Crown’s case.

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The Ethical Problem with the Quebec Charter of Values

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On September 14, 2013

In Ethics and the Legal Profession

PDF Version: The Ethical Problem with the Quebec Charter of Values

Policy considered: Quebec Charter of Values

Even prior to this week’s publication of Quebec’s proposed Charter of Values, its prohibition of “ostentatious” religious symbols being worn by public employees had come under heavy criticism.  Critics suggested that it violated the Canadian Charter of Rights and Freedoms through its interference with religious freedom.  They also suggested that it violated international and domestic human rights laws. On this blog Jennifer Koshan noted the discrepancy between the Charter of Values and the constitutional values recognized by the Supreme Court of Canada in the Quebec Secession Reference (here). 

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