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Difference between revisions of "Client Options: Range and Reality"
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Client Options: Range and Reality (view source)
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{{Consumer and Debt Law TOC}} | |||
== A range of options== | == A range of options== | ||
In helping clients deal with consumer and debt problems, here are some ways to categorize the client’s options. | |||
=== 1. Do nothing === | === 1. Do nothing === | ||
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=== Ethical principles=== | === Ethical principles=== | ||
Nonetheless, advocates (and, of course, lawyers) should consider themselves bound by the '''ethical rules of conduct''' set by the Law Society of BC. These rules of conduct are explained in the [ | Nonetheless, advocates (and, of course, lawyers) should consider themselves bound by the '''ethical rules of conduct''' set by the Law Society of BC. These rules of conduct are explained in the ''[https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/ Code of Professional Conduct for British Columbia]''. | ||
Chapter 2 of the Code contains historic principles of lawyers’ ethics called the “Canons of Legal Ethics”. These are general principles, but they set an important tone for an advocate’s professional duties. Duties are owed to the state, the courts and tribunals, the client, other advocates, and oneself. In virtually any ethical situation, the canons provide relevant guidance for personal conduct. | Chapter 2 of the Code contains historic principles of lawyers’ ethics called the “Canons of Legal Ethics”. These are general principles, but they set an important tone for an advocate’s professional duties. Duties are owed to the state, the courts and tribunals, the client, other advocates, and oneself. In virtually any ethical situation, the canons provide relevant guidance for personal conduct. | ||
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=== Professional conduct rules=== | === Professional conduct rules=== | ||
The following is a list of some of the more important rules that should be followed by everyone in the conduct of client files (all chapter references are to the | The following is a list of some of the more important rules that should be followed by everyone in the conduct of client files (all chapter references are to the [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/ ''Code of Professional Conduct for British Columbia'']). | ||
==== Appearances before tribunals ==== | ==== Appearances before tribunals ==== | ||
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Threatening to report the criminal conduct of an opposing party for purposes of achieving some gain is improper. A classic example of this is threatening to report someone to the police if that person does not make good on an NSF cheque. | Threatening to report the criminal conduct of an opposing party for purposes of achieving some gain is improper. A classic example of this is threatening to report someone to the police if that person does not make good on an NSF cheque. | ||
{{Consumer and Debt Law Navbox}} | === The dishonest client=== | ||
A '''dishonest client''' presents advocates with another ethical dilemma. You are entitled to begin by presuming that what a client tells you is truthful, though you may need to reconfirm those facts as other facts emerge. | |||
If a client tells a lawyer that they intend to lie at a proceeding (such as a court or tribunal hearing), the lawyer must advise the client that the lawyer will withdraw from acting for the client if the client insists on not telling the truth (''Code of Professional Conduct for British Columbia'', [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/chapter-3-–-relationship-to-clients/#3.7 chapter 3.7]). If the lawyer does withdraw, they are not allowed to explain why to the court or tribunal. The reasons lawyers withdraw, and the process for withdrawing from acting for a client, are set out in [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/chapter-3-–-relationship-to-clients/#3.7 chapter 3.7] of the Code. | |||
In recent years, the Law Society has repeatedly warned lawyers against acting for clients when it appears the client’s motives are fraudulent. Examples include when a client wants to have assets transferred to another party (it may be a fraudulent conveyance) or give one creditor (such as a relative) a proportionally larger payment on a debt compared with other creditors (it may be a fraudulent preference). | |||
=== Getting help with ethical issues=== | |||
Aside from knowing and applying the basic rules of ethical conduct, a very important aspect of professionalism is knowing where and when to ask for help with an ethical issue. The [http://www.lawsociety.bc.ca/ Law Society of BC] has recognized this and provides considerable resources, including written materials and staff, to answer ethical questions from lawyers. | |||
It is particularly important for advocates, when faced with an ethical issue, to contact a lawyer for advice if there is any doubt about how the matter should be handled. | |||
{{Consumer and Debt Law Navbox|type = begin}} | |||
{{Creative Commons for PLS | {{Creative Commons for PLS | ||
