May or Shall? Mandatory Disclosure, the Rules of Professional Conduct, and Public Safety
The Law Society of Upper Canada (LSUC) should make disclosure mandatory in situations where public safety is at risk. The current Rulesof Professional Conduct (Rules) focus on protecting confidentiality: there are only four categories of permitted disclosure; of these, all are optional except disclosure mandated by court order. While protecting client confidence is a laudable goal,the current framework does not adequately balance the needs of lawyers, clients, and third parties. A change from optional disclosure to mandatory disclosure for public safety issues will help to balance these needs. By changing the wording of Rule 2.03 (3) of . . . [more]


