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Chapter 4 Avoiding Questionable Conduct, Including Improper Communications
1. Dealing with unrepresented persons
1.1 Communication with clients of other lawyers
2. Threatening criminal or disciplinary proceedings
3. Coercion, improper influence or offering compensation to avoid prosecution
5. Errors and omissions
6. Dishonesty, crime or fraud of client
7. Restricting future representation
8. Public representations
Chapter 5 Confidential Information
1. Duty of confidentiality
5. Confidential information not to be used
9. Confidential government information
11. Disclosure authorized by client
12. Disclosure to prevent a crime
13. Disclosure required by law
15. Use of opponent's documents
16. Incapacity
Chapter
6 Conflicts of Interest Between Clients
1. General principles
4. Acting for two or
more clients
6.1 Space-sharing
arrangements
6.3 Acting against a current
client
7. Acting against a
former client
7.01 Limited representation
7.1 Conflicts arising
as a result of transfer between law firms
7.2 Application of
Rules
7.4 Firm
disqualification
7.5 Continued representation not to involve transferring lawyer
7.8 Determination of
compliance
7.9 Due diligence
8. Finders' fees
9. Acting as a family
law mediator
10. Real property
conveyancing transactions
Chapter
7 Conflicts of Interest Between Lawyer and Client
1. Direct or
indirect financial interest
2. Financial or membership interest in the client
3. Transaction with a client
4. Client loan, credit or guarantee
5. Financial interest in a client
6. Ancillary business or occupation
7. Investing a
client's funds
Chapter
7.1 Preservation of Client Valuables
1. Definitions
2. Application of
chapter
3. Duty of
safekeeping
4. Notice to client
5. Adequate measures
6. Return of
valuables
Chapter
8 The Lawyer as Advocate
1. Prohibited conduct
2. Offering to give
false testimony
6. Inconsistent
statements or testimony
7. Duty to withdraw
9. The lawyer as
witness
12. Interviewing
witnesses
14. Contacting an
opponent's expert
18. Duties of
prosecutor
19. Judicial interim
release
20. Representation of
an accused on guilty plea
21. Role in without notice
proceedings
22. Former judge or
master
23. Public representations
Chapter
9 Fees
0.1 Definition
1. Excessive fees
2. Referral fees
4. Prepaid legal
services plan
5. Apportionment of
fees
6. Sharing fees
7. Hidden fees
Chapter
10 Withdrawal
0.1 Definition
1. Obligatory
withdrawal
2. Optional
withdrawal
3. Residual right to
withdraw
6. Withdrawal for
non-payment of fee
8. Procedure for
withdrawal
9. Confidentiality
10. Limited retainer
Chapter
11 Responsibility to Other Lawyers
5. Fulfilling
professional commitments
6. Responding to
correspondence from other lawyers
7. Undertakings and
trust conditions
8. Trust cheques
8.1 Real estate
transactions
9. Conditional
undertakings
10. Imposed
undertakings
12. Proceeding in
default
13. Acting against
another lawyer
14. Tape recording
and monitoring conversations
15. Threatening to
report another lawyer
16. Duty of lawyer on
termination of employment
22. Restrictive
covenants
Chapter
12 Supervision of Employees
1. Responsibility for
all business entrusted to lawyer
2. Matters requiring
professional skill and judgement
3. Signing
correspondence
4. Legal assistants
10. Real estate assistants
Chapter
13 Responsibility to the Law Society
1. Reporting
another lawyer to the Law Society
3. Responding to Law
Society correspondence
4. The Law Society's
disciplinary and competence procedures
5. Employing a
person whose character and fitness are in question
6. Apparent
partnerships and associations
Chapter
14 Marketing of Legal Services
1. Application of
Chapter
2. Definitions
4. Content and format
of marketing activities
5. Examples
7.2 Former firm of
current judge or master
8. Notary
Public
10. Designation
16. Preferred areas
of practice
18. Specialization
22. Real estate sales
Appendix
1 Affidavits and Solemn Declarations
1. Affidavits and
solemn declarations
2. Witnessing the
execution of an instrument
Appendix
2 Family Law Mediation
1. Definitions
3. Disqualifications
4. Mediator's duties
5. Written agreement
Appendix
3 Real Property Transactions
1. Application
2. Acting for parties
with different interests
3. Simple conveyance
6. Advice and consent
7. Foreclosure
proceedings
8. Unrepresented
parties in a real property transaction
Appendix
4 Duty of Lawyer on Termination of Employment
1. Letter from
departing lawyer
2. Letter from law
firm
Appendix
5 Conflicts Arising as a Result of Transfer Between Law Firms
1. Matters to
consider when interviewing a potential transferee
2. Matters to
consider before hiring a potential transferee
(a) If a conflict does exist
(b) If no conflict exists
(c) If the new law firm is not
sure whether a conflict exists
3. Reasonable
measures to ensure non-disclosure of confidential information Guidelines
Guidelines
Appendix
6 Acting for Two or More
Clients
1. Sample letter where
lawyer acts jointly for two or more clients
2. Sample letter where
lawyer acts jointly for more than two clients
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