Keeping Tabs - Winter 2022

I’m quite
focused on,
like... my position
and me.
PM: Ethical counsel would remind a person in
these circumstances that they are not that person’s
lawyer and they should seek independent
legal advice. But again, the duty of a fictional
lawyer to provide entertainment to viewers is
not a function to be discharged lightly.
“I’m quite focused on, like, my position
and me.”
CD: This gets back to the problem with having
your grandfather pick your lawyer for you. Greg,
your lawyer’s objective should be on advancing
your position. If you have to clarify or remind
your lawyer of that fact, you should probably
run as fast and as far as you can.
“I just think if everyone’s showing up to
battle in armour, then I feel kind of exposed
here in my loincloth.”
CD: This is a good insight by Greg. If you are
engaging in business negotiations, particularly
where they may be intertwined with family
or estate issues, it is a good idea to be represented
by counsel. It is a less good idea to
have your grandfather pick your lawyer for
you (more on that below).
PM: Recall that as counsel, you have an obligation
in this scenario as well. Consult your province’s
Rules of Professional Conduct regarding joint retainers.
Of course, if you are merely playing a lawyer
on tv, your duty to faithfully perform the script
likely outweighs any professional obligations you
may or may not have as a fictional lawyer.
“Do you think he-- he’s probably my lawyer?”
CD: Red flag here. Greg, if you have to ask if someone
is your lawyer, they are not your lawyer! You
are in a particularly bad position if you are asking
a third party whether someone is your lawyer!
PM: Greg should consider calling his local Law
Society Referral Service to find his own lawyer,
preferably one who is also called to the bar in
New York state so as to avoid having to retain
different lawyers in the multiple jurisdictions
where he may need legal advice.
“You’re going to sue Greenpeace?”
“I like your style Greg.”
“Who do you think you’re going to go after
next?”
“Save the children?” - Tom Wambsgans
CD: I don’t think I have anything to add to Tom’s
advice here.
PM: Greg, I am not your lawyer.
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