Acting against former clients – the view from an appellate court

6 Aug 2008

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The Nova Scotia Court of Appeal’s decision in Brookville Carriers Flatbed GP Inc. v. Blackjack Transport Ltd., 2008 NSSC 22, is an instructive look into when a matter for which a law firm is retained is sufficiently related to a previous matter that the firm will not be permitted to carry on the representation against its former client.

The background facts are fairly simple.

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By: Franco Tarulli Category: Advocacy, Conduct, Governance Tags: , , , , , , , , , , ,

Do lawyers lie?

4 Aug 2008

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I was relieved to see that a paper entitled “Fitting Lying to the Court into the Central Moral Tradition of Lawyering” by Fred C. Zacharias was, in fact, an argument in favour of the ethical principle, articulated in virtually every ethical code, that a lawyer must never knowingly mislead the court, even when that principle might appear to be inconsistent with the lawyer’s role of zealous representation.

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By: Franco Tarulli Category: Advocacy, Conduct, Judicial conduct Tags: , , , , , , , , , , ,
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