legal ethics handbook - Nova Scotia Barristers' Society

LEGAL ETHICS HANDBOOK
For a denunciation of dilatory practices of solicitors, see Allen v. McAlpine, [1968] 2 W.L.R.
366, [1968] 2 Q.B. 229, [1968] 1 All E.R. 543 (C.A.).
"A client has a right to honest explanations for delay on the part of his solicitor, and it is clear that the Benchers ...
concluded that the solicitor had not given an honest explanation for the delay but on the contrary had deceived his
client as to the reason for such delay." Sandberg v. F., [1945] 4 D.L.R. 446 at 447, per Farris C.J.S.C. (Visitorial
Tribunal of the Law Society of British Columbia).)
See Smith, supra note 2 at c.6, para. 61 where the case of Tiesmaki v. Wilson (1971), 23 D.L.R. (3d) 179 (Alta.
C.A.) is discussed in the context of failure by the lawyer to prosecute an action in a timely manner.
5. Robert Michael Greene, ed., The Quality Pursuit: Assuring Standards in the Practice of Law (Chicago:
American Bar Association, 1989).
6. See Managing the Lawyer/Client Relationship, online: Lawyers' Professional Indemnity Company
for engagement and non engagement checklists.
7. See Nova Scotia Barristers' Society Guidelines on Lawyers and Technology. Also see CBA PracticeLink on
Technology, online: Canadian Bar Association .
8. In some areas of law and in appropriate circumstances, a ‘disengagement' or end of retainer letter is a useful
practice:
"Once your retainer is completed, provide your client with a final reporting letter that gives a comprehensive
review of the major events or accomplishments and a full description of the result."(John R. Merrick, "Cultivating
the Client Relationship" (2003) 21: 5 Society Record 8 at 10.)
Also see "Closing Files" in 30 Best Practices: Strategies for Law Firm Management, online: Canadian Bar
Association .
9. "Be courteous and civil, and require the same from those under your supervision."
("Civility, and the Practise of Law in Nova Scotia" (2003) 21:2 Society Record 9 at 9.)
10. "A solicitor is required to bring reasonable care, skill and knowledge to the performance of the professional
service which he has undertaken ... The requisite standard of care has been variously referred to as that of the
reasonably competent solicitor, the ordinary competent solicitor and the ordinary prudent solicitor." (Central Trust
Co. v. Rafuse, supra note 1 at 236, per Le Dain J.)
"We must no longer think of quality assurance only as a means of maintaining a threshold standard adequate to
avoid professional malpractice. We must instead reflect on what quality assurance means in the modern practice
of law and how lawyers can be trained to meet the modern standard." (Greene, supra note 5 at 3.)
11. "McIntyre, J. of the Supreme Court of Canada has said, "One of the worst faults of the Bar is delay. It is, I
think, the greatest single cause of injustice and failure in the courts. It is not merely a cliché to say that "justice
delayed is justice denied!"" (Leon E. Trakman, ed., Professional Competence and the Law, Dalhousie Continuing
Legal Education Series, no. 21 (Halifax: Dalhousie University Faculty of Law, 1981) at 63.)
See Practice Management Guidelines: Time Management, online: The Law Society of Upper Canada
.
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