Alberta Law Code of Conduct

Rules 3.2-11 and 5.2-1 (t) prohibit a lawyer from threatening to file a complaint with a supervisory authority or to file a criminal complaint in order to give a client an advantage in a civil matter. In some cases, settlement offers are accompanied by threats to report the other party to the police or to report the opposing lawyer to the Law Society for alleged misconduct. Many lawyers are surprised to learn that the inclusion of a threat such as incitement to settle is a violation of the Code of Conduct. A related question is whether a lawyer can suggest that the conduct of the opposing lawyer may be reportable. These often misunderstood rules do not prevent a lawyer from arguing with another lawyer that his or her conduct might warrant a report, or from requiring the other lawyer to comply with an ethical obligation such as an outstanding obligation. Nor are lawyers prevented from reporting or reporting to the authorities while a related matter is the subject of litigation or settlement negotiations. The question is whether the threat itself is used as an incentive to settle or obtain a civil remedy. As a self-employed profession, Alberta lawyers are expected to conduct themselves and their legal practices in a very ethical and irreproachable manner. The Code of Conduct sets out the principles and high standards that apply to all lawyers in Alberta. The Legal Profession Act (the Act) is a provincial law enacted to establish the Law Society of Alberta as the regulator of more than 9,000 active lawyers (practising and non-practising) in Alberta. In accordance with the law, the Law Society pursues its mission to serve the interests of the public by regulating the professional conduct of its members, supervising the admission of newly trained lawyers and preventing the unauthorized practice of law. Similar laws apply in all other Canadian provinces and territories. The obligation for a lawyer to report another lawyer to the Law Society stems from rule 7.1-3.

It must be weighed against a possible breach of solicitor-client privilege. In some cases, the reporting requirement is clear: when another lawyer has embezzled trust funds, abandoned his or her law firm, or participated in criminal activities related to the lawyer`s practice. In most cases, it is not clear whether another lawyer`s behaviour has reached the level of «must report». The lawyer`s conduct must be reported if it «raises an essential issue of the honesty, reliability or competence of another lawyer as a lawyer», if it raises a «material question» about the lawyer`s ability to provide legal services, or if the lawyer`s clients are likely to be «materially biased» by the lawyer`s conduct. Any misconduct or negligence on the part of the member in accordance with the Law Society of Alberta`s Rules of Professional Conduct will be considered misconduct or negligence on the part of the supervising client. The Member shall perform his duties with honesty and integrity and comply with the rules of conduct set out in this Code of Ethics. The member`s conduct towards his client, his client`s clients and other members of the legal profession must be characterized by courtesy and good faith. Rule 7.1-3 is based on the fact that there may be loss or damage to others, unless a lawyer`s deviation from ethics is dealt with at an early stage» (commentary paragraph 1). Minor offenses may be symptomatic of more serious problems in that lawyer`s practice. If a lawyer is not sure whether to report another lawyer, they should talk to a colleague or practice advisor. The stage is set for a SCC hearing in December, which will shape the administration of justice in Canada for a long time to come.

Law Society Rule 119.34 requires that a lawyer, status student or applicant for admission to the Law Society immediately report to the firm`s competent lawyer and trust manager whether he or she is the subject of insolvency proceedings or if an enforcement order has been served on him. The purpose of the report is to ensure the security of the trust funds to which the lawyer may have access. The rule also applies to regular phone calls. Without confirming that the other party is aware of the recording, lawyers should not record telephone conversations. The prior consent of the party must be kept in the lawyer`s file. When it comes to one of the situations discussed in this article, the facts may contain nuances that make the application of the regulations complex. Lawyers, students and staff are encouraged to contact practice advisors for assistance on these issues (and all issues related to ethics and practice management). A related issue is the obligation of voluntary disclosure of a lawyer. This duty must be weighed against the law against self-incrimination. While practice advisors strongly recommend that lawyers contact them if they can deal with this issue, the commitment is clear in some cases. The member owes his client the obligation to comply with all relevant rules and laws concerning the presentation and storage of the goods of a client entrusted to his client. Is the Competition Act well suited to a changing market? It can be difficult to balance a busy practice with the need to keep abreast of changing regulations for the profession.

When providing legal services in Alberta, lawyers must be familiar with and comply with the Legal Profession Act, the Code of Conduct and the Rules of the Law Society. The case law provides for additional obligations and requirements. In addition, the Code of Conduct is not a complete code. The preface states: «The rules and regulations of the Law Society may not exhaustively cover all situations that a lawyer may face and that deems it necessary to take into account the legal provisions relating to lawyers, other laws or general moral principles in determining an appropriate course of action.» The member should help maintain the integrity of the legal profession. Law Society Rule 105 requires lawyers, article students, guest lawyers, law students or lawyers who move from another jurisdiction to report any criminal or regulatory charges to the Law Society. The report must be made within a reasonable time after the indictment has been filed or after the start of an investigation. The lawyer must then inform the Law Society of the outcome of the indictment or investigation. ALIA also recommends that individual practitioners and companies take out coverage to protect themselves and their clients from cybercrime and social engineering fraud.

In order to facilitate the purchase of cyber insurance for Alberta lawyers, ALIA agreed in 2018 with its broker Aon Reed Stenhouse to provide a robust cyber policy called Beazley Breach Response Policy. You will receive more information on how to take out this insurance coverage by email at ablawyers@aon.ca. Lawyers Financial, the Lawyers` Insurance Association of Canada and most commercial brokers also offer cyber insurance, although the products vary and do not all offer the same coverage. The Member has the duty to keep strictly confidential all information he receives in the context of the professional relationship concerning the affairs and affairs of his Client and his Client`s Clients, and the Member may only disclose such information if his Client has expressly authorised or is legally obliged to do so.