19 Aug 2008
The Canadian Bar Association voted at the Canadian Legal Conference to accept the 21 recommendations of the Task Force on Conflicts of Interest set out in its Final Report.
The recommendations would loosen the rules on when lawyers can act in situations that, up until now, have been seen as conflicts of interest.
More commentary will follow once I have had a chance to digest the report.
15 Aug 2008
Gavin Birer posted this intro to legal offshore outsourcing at Slaw.ca.
Most interesting was his assertion that “… [l]awyers … perform qualitative, skill-intensive legal tasks … . By contrast, offshore legal outsourcing vendors typically perform quantitative, ‘lower-skilled’ legal tasks, and serve as a support to their law firm and legal department clients. …”. According to Birer, these tasks include “… document review, document drafting, legal research, due diligence, and much more. …”
13 Aug 2008
Legal Ethics Forum questions whether it would work in the United States.
Legal Ethics Forum’s Rob Vischer refers to a New York Times article published August 11, 2008. That, in turn, refers to a speech by Justice Peter McClellan of the Land and Environmental Court of New South Wales, Australia.
6 Aug 2008
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.
4 Aug 2008
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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