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Archive for the ‘Legal Ethics’ Columns

The Successor Counsel Problem

The story of Griffiths Energy’s unlawful payments to the Chad ambassador’s wife led last month’s news. Attention focused on the company’s self-disclosure and investigation, and also on the involvement by high profile Canadian lawyers in the original unlawful transaction. Based on the media reports so far, it seems that Griffiths was originally represented by the Heenan Blaikie firm. That firm advised Griffiths that the company “could not make or offer or give an advantage or do anything directly or indirectly with [Chad] Ambassador Bechir”. Griffiths then retained the MacLeod Dixon firm, and had MacLeod Dixon paper the transaction in which . . . [more]

Posted in: Legal Ethics

Lost in Translation? Differing Perspectives on Legal Ethics

As a first post on legal ethics, it seems appropriate to ask “what exactly are we talking about”. The answer isn’t as simple as one might think given the number of different perspectives involved.

Courts set (or reflect) legal ethics in cases involving lawyers. Law Societies set legal ethics in codes of conduct and in discipline cases. Legal scholars posit appropriate legal ethics, either as a matter of formal legal reasoning or from varying philosophical perspectives. Practising lawyers develop their own sense of legal ethics in part from these other sources and in part from their participation in the legal . . . [more]

Posted in: Legal Ethics