ARE LAWYERS LESS ETHICAL THAN OTHER PEOPLE?
The point of many lawyer jokes is that lawyers are underhanded
or unethical. Why do people have this impression? Is it true?
SOME REASONS
Some of the obvious reasons why people joke about lawyers are:
Ethical conduct by lawyers is
central to the lawyer-client relationship. For example, huge
sums pass through the lawyers' trust accounts in the course of
real estate transactions. The client has to rely on ethical
conduct by his lawyer. We submit that people joke most often
about matters where there is a sense of powerlessness.
Lawyers try to use precise
language, which can seem like nitpicking or seem unduly
complicated.
Lawyers are often bearers of
bad news.
Lawyers deal in hard issues.
In litigation the question often is "who did the right
thing?".
Lawyers get identified with unpopular causes and clients.
PROFESSIONAL DISCIPLINE
The Law Society Act establishes the Law Society of Upper
Canada (LSUC) as our governing body, and entrusts general
discipline of the profession to this body. LSUC under this
authority publishes the Professional Conduct Handbook containing
Rules of Professional Conduct which have the force of a
government regulation. Besides fundamental honesty, ethical
issues considered in the Rules include confidentiality, conflict
of interest, accounting and reporting practices, and
responsibilities to the courts and other lawyers.
Rule 1 of the Rules of Professional Conduct states "The
lawyer must discharge with integrity all duties owed to clients,
the court, the public and other members of the profession."
LSUC has absolutely no hesitation in removing the privilege of
practising law from a lawyer whose conduct is found to be
unethical.
BAD ETHICS IS BAD BUSINESS
An unethical lawyer does not usually last long in the legal
profession. As in any other business, lawyers must also depend on
the respect of colleagues in order to be effective. That respect
is easily lost by unethical conduct so that the marketplace will
also discipline a perceived unethical lawyer. Fleury, Comery has
been part of the Scarborough business scene since 1957 without
once receiving a discipline complaint.
LAW SOCIETY COMPLAINTS BUREAU
If you ever do have a complaint about unethical activities or
behaviour by a lawyer, you may contact the Law Society Complaints
Bureau at 416-947-3310. The LSUC web site (at
http://www.lsuc.on.ca)
has a Help Form for such complaints, and other useful
information.Your allegations will be investigated thoroughly and
action will be taken.
ARE LAWYERS LESS ETHICAL?
In our submission, lawyers have to be MORE ethical in matters
of business, because ethical conduct is an absolute job
requirement. The public is entitled to expect, and in our
submission receives a high ethical standard from those who have
been granted the privilege of practising law.
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