legal ethics handbook - Nova Scotia Barristers' Society

LEGAL ETHICS HANDBOOK
Application of the Rule
3.4 This Rule does not prescribe a standard of perfection. 10 A mistake, although it might be actionable for
damages in negligence, does not necessarily constitute a failure to maintain the standard set by this Rule;
conversely, conduct, while not actionable, may constitute a violation of this Rule. Evidence of gross neglect in a
particular matter or a pattern of neglect or mistakes in different matters may be evidence of such violation of the
Rule regardless of liability in tort or contract. Where both negligence and incompetence are established, while
damages may be awarded for the former, the latter can result in the additional sanction of disciplinary action.
[combines current commentaries 3.2 and 3.3]
3.5 A lawyer who fails to serve a client in a conscientious, diligent and efficient manner does the client a
disservice, brings discredit to the profession, and may bring the legal system and the administration of justice into
disrepute. As well as damaging the lawyer's own reputation and practice, the failure of a lawyer to serve a client in
a conscientious, diligent, efficient and civil manner may also damage the lawyer's associates and dependents.
3.6 Deadlines should be met unless the lawyer is able to offer a reasonable explanation and ensure that no
prejudice to the client will result. Whether or not a specific deadline applies, a lawyer should be prompt in
prosecuting a matter, responding to communications and reporting developments to the client. In the absence of
developments, contact with the client should be maintained to the extent reasonably expected by the client. 11
Firmness and Candour
3.7 Occasionally, a lawyer must be firm with a client. Firmness, without rudeness, is not a violation of the Rule. In
communicating with a client, the lawyer may disagree with the client's perspective, or may have concerns about
the client's position on a matter, and may give the client advice which will not please the client. This may
legitimately require firm and animated discussion with the client. 12
Professionalism
3.8 Professionalism is a characteristic of quality of service. Professionalism comprises attitudes and values such
as dedication to the client's welfare, good work habits, an understanding of client relations, a general
determination to practise ethically and a high regard for the interests of society generally. An important aspect of
professionalism is attention to quality of service. 13
Sound professional judgment
3.9 A lawyer must be mindful of maintaining a balanced workload which will allow the lawyer to provide an
appropriate level of service to each client. A lawyer must be able to identify problems created by an excessive
workload and take the steps necessary to correct the situation.
3.10 A lawyer must be able to assess whether the nature of a matter will justify the legal costs of bringing it to
conclusion. A lawyer may be aware at the outset of a matter, or may become aware during the course of a matter,
that the costs of performing the requested services completely and competently will be disproportionately high as
compared to the anticipated outcome. This fact must be brought immediately to the client's attention.
3.11 A lawyer should balance the obligation to be thorough with the obligation to be economical. In some
instances, a lawyer may have to decline a retainer where it is reasonably apparent that the lawyer will not be able
to render competent service commensurate with the client's expectations as a result of the lawyer being unable or
unwilling to make the appropriate commitment to the file. 14 It is also unacceptable to curtail the scope of services
in an effort to minimize legal fees or other expenses when to do so would compromise the lawyer's quality of
service.
Limited Retainers
3.12 A lawyer may accept a limited retainer, but in doing so, the lawyer must be honest and candid with the client
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