AuthorH.W. Arthurs
ProfessionOsgoode Hall Law School York University
To the First Edition
What a twist of fate! No sooner do I appear in print deploring the lack
of ref‌lective and critical Canadian scholarship in the f‌ield of legal eth-
ics1 than I am asked to w rite an introduction to just such a book on
that very subject. Not that I ought to have been surprised. Allan Hut-
chinson’s enquiring mind a nd encyclopedic interests have t aken him
across a wide spectr um of legal subjects. He has written in a variety of
styles and for academic, professional, and lay readers; and he is vir tu-
ally incapable of writing something that is not ref‌lective and critical. I
would have predicted, however, that in turning hi s attention to legal
ethics and professional conduct, he just might have tackled one subject
too many. But I would have been wrong.
This f‌ield is a particularly daunting one for any serious schola r:
in fact, when it comes to legal ethics, the more serious t he scholar,
the more daunted she or he might be. After all, scholars need a body
of materials to work with, but in Can ada at least, decisional m aterial,
commentary, and sociological analysis are all in scarce supply in this
f‌ield. Take the Canadian Bar Association’s Code of Professional Con-
duct as a case in point. Although this was supposedly the template
for professional discipline across the country, for f‌ifty year s after its
adoption in 1920, the CBA code was a well-kept secret— never liti-
gated, virtual ly unremarked upon in the seconda ry literature, alre ady
obsolete at its inception, and positively anachroni stic by the time it was
1 “Why Canadi an Law Schools Do Not Teach Legal Eth ics” in K. Economides,
ed., Ethical Challenges to Legal Education an d Conduct (Oxford: Hart Publish ing,
1998) 105.

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