The legal profession takes seriously its commitment to maintain high ethical standards.
In carrying out their work, BC lawyers must uphold provisions of the Professional Conduct Handbook, as adopted by the Law Society Benchers.
The Canons of Legal Ethics (first adopted in BC in 1921 and now Chapter 1 of the Professional Conduct Handbook) set out some of the overriding principles of ethical conduct.
The Canons describe a lawyer as "a minister of justice, an officer of the courts, a client's advocate and a member of an ancient, honourable and learned profession." The Canons note that, in that role, it is a lawyer's duty to promote the interests of the state, serve the cause of justice, maintain the authority and dignity of the courts, be faithful to clients, be candid and courteous in relations with other lawyers and demonstrate personal integrity.
The Handbook includes rules of conduct that reflect these principles in the context of modern legal practice. It covers a wide range of issues, from confidentiality, to conflicts of interest to the supervision of staff.
Another resource that helps guide BC lawyers is the Code of Professional Conduct of the Canadian Bar Association. The Benchers have recognized the CBA Code as a professional conduct text of particular value except when discrepancies exist or occur between the Code and the Professional Conduct Handbook, in which case the Handbook governs.
The Law Society Ethics Committee provides support to the Benchers in the setting of ethical standards for BC lawyers. The Committee:
- identifies current professional responsibility issues;
- develops recommendations on policies concerning substantive matters of professional responsibility for consideration by the Benchers
To assist individual lawyers in meeting their professional responsibilities, the Ethics Committee also:
- interprets existing rules and gives advice to individual lawyers and to lawyers at large on matters of professional responsibility; and
- publishes ethical opinions of interest to the profession as a whole.
Lawyers who are seeking ethical guidance from the Law Society are welcome to contact the Ethics Staff Lawyer, the Practice Advisor or one of the Benchers. The Ethics Staff Lawyer can also assist or direct enquiries to the Ethics Committee. |