By reviving the long-defunct “King’s Counsel” designation in his province, Ontario Attorney General Doug Downey has succeeded in taking what should have been a good news story and turning it into a scandal.  

The first hint of a possible issue was the making of the announcement by press release on Friday, June 30^th just prior to the Canada Day long weekend. This is a time to bury news, not to make news. In the parlance of the much-beloved political classic The West Wing, this practice is referred to as “take out the trash day”.

In the . . . [more]

So, you need a lawyer. Who are you going to call? There are more than 50,000 to choose from in Ontario. Each one is officially licensed to handle any and all legal needs, but most are not competent to help with your particular need, and an even smaller number would be ideal for you. It can be very difficult to sort the wheat from the chaff, especially if you haven’t worked with lawyers in the past.

If a would-be client is confused by the options, and doesn’t have someone knowledgeable they can ask, it would be sensible to look at . . . [more]

The controversy over the Ontario government’s resurrection of the King’s Counsel designation is now in its third week. And interest in the controversy is not limited to the legal community alone; yesterday, the Toronto Star reported (at the top of its website): “Advertising ‘King’s Counsel’ titles may violate Ontario lawyers’ rules on misleading marketing, experts caution”.

Let’s explore that further.

The Star article quoted four experts: a law professor (Slaw legal ethics columnist Amy Salyzyn); two former Treasurers of the Law Society of Ontario (“LSO”); and the current Treasurer, Jacqueline Horvat, who, according to the article, had . . . [more]

Introduction

The recent Bencher election for the Law Society of Ontario (the “LSO”) was a heated and political affair. Candidates presented themselves for election, publicized platform commitments, communicated with electors by email and pamphlet, and even, controversially, organized themselves into competing slates. It had the look and feel of the kind of election we are all familiar with for federal, provincial, or municipal office. One of the differences, however, is that those other elections all have meaningful campaign finance legislation that regulates money in politics. While By-Law 3 sets out in detail some aspects of LSO elections, it is silent . . . [more]

My wife was assaulted by a stranger in downtown Toronto, in January of 2020. She was walking through the underground passage from the Eaton Centre into the Queen TTC station. A man suddenly ran up and kicked her in the leg. She was rattled, and her leg was bruised, but she got over it within a few weeks.

She was lucky. A few weeks later the same man attacked another woman, in the same mall. This time he approached his victim from the back and hit her on the head. This lady suffered a serious concussion, and couldn’t work for . . . [more]

The Path to Pride

The year is 2001. The legal profession in Ontario is in disarray after several law students at the University of Toronto’s law school were caught fraudulently altering their grades to secure prestigious Bay Street summer positions. Many of these students were disciplined. Yet, in the eyes of the legal priesthood, this also necessitated a macro-level response.

Accordingly, some of the profession’s best and brightest were corralled together under the leadership of the then-Chief Justice of Ontario, Roy McMurtry, to define the elements of professionalism for lawyers. Understandably, the Advisory Committee on Professionalism, as it was . . . [more]

Today, Diversity, Equity, and Inclusion (“DEI”) practices have become indispensable in almost every legal workplace. DEI practices aim to promote a new notion of professionalism, one where individuals from all walks of life enjoy fair treatment and full participation. “Merry Christmas” has become “Happy Holidays”. Profiles of Black and Asian-looking lawyers surge during Black History Month and Asian Heritage Month. Rainbows are slapped onto logos before the pride parades. Land recognitions are performed before major events.

However, do these actions mean this new notion of professionalism is working well?

Where It Starts: DEI as a Departure from a “History of

Ethics are the core of the legal profession, guiding lawyers, young and old in their interactions with clients, the public, and the bar. Each jurisdiction maintains a Code of Professional Conduct as a set of rules for lawyers to follow as members of the profession to maintain the profession’s honour and dignity. Much of each Code is open to interpretation and therefore can only form part of a lawyer’s approach to ethical conduct. Every lawyer also relies on their personal ethics, character, and the advice of their mentors, colleagues, and peers.

This short paper will address the challenges of ethical . . . [more]

In a recent episode of HBO’s Succession, billionaire daughter Shiv Roy learns that she can’t hire her preferred divorce lawyer because the lawyer is “conflicted out”. Surprised that her husband, Tom Wambsgans, would have chosen the same lawyer she wished to retain, Shiv inquires after a few other top New York divorce lawyers, only to discover they too were conflicted out. Shiv realizes Tom “met with or retained every useable lawyer in New York” to prevent them from representing her against him—a move her shrewd father pulled on her mother many years before. (“I got mommed,” Shiv later tells . . . [more]

Each year, over 100,000 Ontarians seek justice from Tribunals Ontario. This group of people —the size of a small city— includes tenants, landlords, motor vehicle accident victims seeking insurance benefits, people denied disability benefits, and those who believe that their fundamental human rights have been infringed. This group of 100,000 is significantly larger than the number of plaintiffs who start civil lawsuits in the Superior Court of Justice each year. The numbers are similar in other provinces. For most civil rights, tribunals are Canadians’ first and only opportunity to seek authoritative dispute-resolution and enforcement.

The highest-volume fora within Tribunals . . . [more]

We lawyers have done a good job convincing ourselves, convincing the courts and convincing legislators that we are more special than other professionals. But are we really more deserving of the special protections and privileges that we have convinced others to afford us? Increasingly, those special privileges are being called into question around the globe and it is only a matter of time until the searchlights focus their lens on us here in Canada. I fear that we will be found to be wanting.

This occurred to me during a recent panel discussion on “The International Bar Association’s Gatekeepers Project: . . . [more]

Some lawyers dread the idea of reporting a colleague in the bar to the Law Society. Others are all too eager to file complaints against other counsel, including out of spite or to try to bring down the “competition”. Most of these lawyers share something in common: they have no idea what their professional obligations are when it comes to filing law society complaints.

Not too long ago, I acted for a lawyer in a discipline hearing that stemmed from a complaint by another lawyer. These two experienced counsel had previously been respected colleagues, but for a variety of reasons . . . [more]