legal ethics handbook - Nova Scotia Barristers' Society

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LEGAL ETHICS HANDBOOK See CBA PracticeLink on Technology, online: Canadian Bar Association . Also see Law <strong>Society</strong> of New Brunswick, Code of Professional Conduct for Guidelines on Ethics and the New Technology. 12. For an instance of "inordinate and inexcusable delay", see Tiesmaki v. Wilson (1972), 23 D.L.R. (3d) 179 (S.C. (A.D.)) at 183 per Johnson, J.A. 13. See Professional Development and Competency — Withdrawal of Services, online: Law <strong>Society</strong> of Upper Canada . See this Handbook, C.11 on Withdrawal. Also see AB C.2, R.2. 16
Chapter 3 – Quality of Service Rule LEGAL ETHICS HANDBOOK A lawyer has a duty to provide a quality of service at least equal to that which lawyers generally expect of a competent lawyer in a like situation. 1 Guiding Principles The lawyer has a duty to make every effort to provide courteous, thorough and prompt service to the client. The quality of service required of a lawyer is service which is competent, conscientious, diligent, efficient and civil. 2 This chapter should be read and applied in conjunction with Chapter 2 of this Handbook, Competence. Commentary Communication 3.1 The lawyer has a duty to communicate effectively with the client. 3 Timeliness 3.2 The lawyer should ensure that matters are attended to within a reasonable time frame. 4 If the lawyer can reasonably foresee undue delay in providing advice or services, the lawyer has a duty to so inform the client, so that the client can make an informed choice about his or her options, such as whether to retain new counsel. Examples of expected practices 3.3 The quality of service to a client may be measured by the extent to which a lawyer maintains certain standards in practice. 5 The following list, which is illustrative and not exhaustive, provides key examples of expected practices in this area: a) keeping a client reasonably informed; b) answering reasonable requests from a client for information; c) responding to a client's telephone calls; d) keeping appointments with a client, or providing a timely explanation or apology in circumstances when unable to keep such an appointment; e) taking appropriate steps to do something promised to a client, or informing or explaining to the client when it is not possible to do so; f) ensuring, where appropriate, that all instructions are in writing or confirmed in writing; 6 g) answering within a reasonable time any communication that requires a reply; h) ensuring that work is done promptly so that its value to the client is maintained; i) providing the best quality of work possible, and giving reasonable attention to the review of documentation to avoid delay and unnecessary costs to correct errors or omissions; j) maintaining office staff, facilities and law office equipment adequate to the lawyer's practice; 7 k) informing a client of a proposal or settlement, and explaining the proposal properly; l) providing a client with all relevant information about a matter, and never withholding information from a client or misleading the client about the position of a matter in order to cover up neglect or a mistake; m) making a prompt and complete report when the work is finished or, if a final report cannot be made, providing an interim report where one might reasonably be expected; 8 n) being civil. 9 17
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