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Articling Weekly No.7: Professional Responsibility Among Counsel

In the legal profession, maintaining professional responsibility among counsel is essential to uphold the integrity of the justice system. In Ontario, the Law Society of Ontario (LSO) governs these responsibilities through its Rules of Professional Conduct, which outline the ethical standards lawyers must adhere to in their interactions with clients, tribunals, the public, and fellow lawyers.

Duties to Other Lawyers

The LSO’s Rules of Professional Conduct, rr. 7.2-4, and 7.2-5[1] emphasize that lawyers must conduct themselves honorably and with integrity in all professional dealings. This includes interactions with other members of the profession. Lawyers are expected to uphold the standards and reputation of the legal profession and to assist in the advancement of its goals and organizations.[2] Additionally, the Rules highlight the importance of collegiality and professionalism. Unprofessional conduct can result in disciplinary actions, including warnings or more severe penalties. [3]

Professionalism and collegiality

As per r. 2.1-1, professionalism and collegiality are cornerstones of the legal profession. In court, lawyers customarily refer to one another as “my friend” or “learned counsel,” reflecting mutual respect and upholding the decorum of the proceedings. Publicly disparaging a fellow lawyer, whether by questioning their intelligence or perceptiveness, is deemed highly inappropriate. Such conduct, if exhibited in court, would likely prompt judicial intervention, with the presiding judge addressing and admonishing the offending lawyer to preserve the integrity of the proceedings.[4]

Courtesy, Civility, and Good Faith

As per rr. 5.1-5 and 7.2-1, effective communication and cooperation between counsel are vital for the efficient administration of justice. Lawyers are encouraged to communicate with honesty and courtesy, avoiding any actions that may unnecessarily delay proceedings or cause harm to the interests of clients or the justice system. Lawyers who develop a reputation for rudeness or unprofessionalism may face significant consequences. Word of such conduct often travels quickly through the legal community, leading to strained professional relationships, difficulty in securing necessary time allowances, and even a loss of clients.[5]

Confidentiality and Privilege

As per r. 3.3[6], while collaboration between counsel is important, lawyers must also respect the confidentiality and privilege associated with client information. Disclosing such information without proper authorization can lead to breaches of professional conduct and potential disciplinary measures.[7]

Resolving Disputes

As per r. 3.2-4[8], when disputes arise between counsel, the LSO encourages resolution through respectful dialogue and, if necessary, mediation. Resorting to litigation or public confrontation should be a last resort, as it can undermine public confidence in the legal profession.[9]

Consequences of Unprofessional Conduct

As per r. 3.1-2 and Commentary [15][10], in addition to reputational harm, serious unprofessional conduct can result in disciplinary actions by the Law Society of Ontario. The Rules of Professional Conduct are binding on all lawyers, and breaches of these rules can lead to warnings, fines, or, in cases of repeated or extreme misconduct, disbarment. Both lawyers and clients can report allegations of unprofessional conduct to the Law Society, which would then formally investigate the matter.[11]

Preventing Unauthorized Practice of Law

A critical responsibility of lawyers, as outlined in the Rules of Professional Conduct r. 7.6.1[12], is to assist in preventing the unauthorized practice of law. Statutory provisions against unauthorized practice exist to protect the public by ensuring legal services are provided only by those who are properly regulated and held accountable. Unauthorized practitioners, while they may possess technical skills or personal abilities, operate outside the control and discipline of the Law Society. This exposes clients to significant risks, as they do not benefit from key safeguards such as lawyer-client privilege, confidentiality, professional liability insurance, and the courts’ oversight. Lawyers are mandated to uphold these protections to maintain the integrity and trustworthiness of the profession.[13]

Concluding Comments

Professionalism among counsel is not merely a guideline; it is a fundamental pillar of the legal profession that ensures trust, fairness, and the proper administration of justice. Adhering to the Rules of Professional Conduct allows lawyers to foster respect within the profession, protect the public, and maintain the integrity of the justice system. By upholding these principles, lawyers not only advance their clients’ interests but also contribute to a legal framework that values accountability, ethical standards, and collegiality. In doing so, the profession continues to earn the confidence of the courts and the public it serves.

[1] LSO, Rules of Professional Conduct “Chapter 7 – Relationship to the Law Society and Other Lawyers” (2024), online : LSO <Chapter 7 | Law Society of Ontario>

[2] Malcolm Mercer, Rules of Professional Conduct, 2014 20th  East Region Solicitors Conference 2E, 2014 CanLIIDocs 33377, <https://canlii.ca/t/stkf>

[3] Ontario Justice Education Network “Collegiality and Professionalism in the Legal Profession” online: OJEN < https://ojen.ca/wp-content/uploads/7.-Collegiality-and-Professionalism.pdf>

[4] Law Society of Ontario, Licensing Process Barrister Materials, Chapter 2, pg. 5 (Toronto: Law Society of Ontario, 2024)

[5] Ibid, at pg. 6

[6] LSO, Rules of Professional Conduct “Chapter 3 – Relationship to Clients” (2024), online : LSO <Chapter 3 | Law Society of Ontario>

[7] Supra Note 4, at pg. 6

[8] Supra Note 6

[9] Supra Note 4, at page 6

[10] Supra Note 6

[11] Supra Note 4, at page 6

[12] LSO, Rules of Professional Conduct “Chapter 7 – Relationship to the Law Society and Other Lawyers” (2024), online : LSO <Complete Rules of Professional Conduct | Law Society of Ontario>

[13] Law Society of British Columbia, Code of Professional Conduct, Chapter 7: Relationship to the Society and Other Lawyers, Rule 7.6 (Vancouver: Law Society of British Columbia, 2024)

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