AuthorDavid Layton; Michel Proulx
Accused as w itness. See Client as wit-
Adminis tration of justice, obligations
to. See also Rules of profe ssional
confidential ity, 158–59, 208, 224,
240. See also C onfidentiality
conflicts of inte rest, 264, 320. See also
Conflict of intere st
court secur ity, 246
covert operat ions, 387
Crown disc losure, handling, 199,
200 –3
deceptive investigative measures,
387, 388frivolous tactics , 133–39
future cri me retainers, 73–74
guilty clie nts, defending, 26–27. See
also Defending t he guilty
inadmi ssible evidence, 413, 415,
misleadi ng court, 402–3, 641–42
perjury, admoni shing against, 339.
See also Perjur y by client
physical evide nce of crime, 483,
plea arrange ments, 434, 437, 480,
481– 82
prosecut ors. See also Prosecut or
discretion to pr osecute, 604–8
dual role, 582 –93
witness es, respect for, 410, 416
Advising c lients. See Informing and
advising c lients
American B ar Association, 8–10
crimin al justice standard s, 10
early ethic al canons, 8–9
model code of profession al respon-
sibility, 9
model rules of profe ssional conduct,
duped lawyer s, 254–55, 255–57
American L aw Institute. See Third
Restatement (Amer ican Law
conflict of intere st at trial, based on,
326–2 8
decision mak ing authority, 99, 100,
ineffective as sistance claims, b ased
on, 7, 111, 131
confidentia lity exception, 219
trial coun sel, interview by appel-
late Crown, 412
lawyer as w itness at trial appe aring
on appeal, 301
plea agreement s, sentence, 430, 658
Bodily ha rm, preventing, 226– 46. See
also Confidenti ality exceptions
Business re lations with client, 305
Cab-rank r ule, 80–85. See also Client
Canadian Bar Association, 5
codes of profession al conduct, 5
voluntary memb ership, 5
Choosing clients. See Client selection
Client as wit ness
communicat ion during testimony,
423– 25
decision to test ify
anticipated pe rjury, 350–53
authority, 105– 6
conflicts of inte rest, 282–83
multiple represent ation, 282–83
perjury b y client. See Perjury by
preparing te stimony, 410–12
Client selection , 71–96
American appro ach, 85–89
justificat ion for position, 86– 88
“last lawyer i n town,” 88–89
rules of profess ional conduct,
85–8 6
cab-rank r ule, 80–85
criticis m of rule, 84–85
Goddard v Day, 82–83
justificat ion for rule, 81–82
personal v iewpoint of lawyer, 83
Canadia n approach, 89–92
authors’ suggest ions, 93–95
rules of profess ional conduct,
co-operation a greements, clients
seeking, 442–44
court-ordered reta iners, 75–76
discretion to ac cept or reject client
America n position, 85–89
Canadi an position, 89–92
general dis cretion, 71
quality of repre sentation, 93
responsible e xercise, 93–95
discr imination prohibited, 76 –77
duties upon refus al, 95–96
guilty p ersons, 41–43
mandatory r efusal, 71–75
circumst ances, 72
due diligence to avoid il legality,
future cri me retainers, 73–75
incompetent repre sentation, 72, 93
multiple represent ation. See Multiple
representat ion
successive re presentation. See Succes-
sive represent ation
unpopular or repug nant client, 77–95
America n position, 85–89
cab-rank r ule, 80–85
Canadi an position, 89–92
discretion to r efuse, exercising,
problem of, 77–80
Client-lawyer rel ationship. See also
Solicitor-client pr ivilege
confidentia lity duty. See Confiden-
tialit y
conflicts of inte rest. See Conflict of
definition of client , 295, 306
formation, 294 –95
prosecutor advi sing police, does not
result in, 614
termination. See Terminat ion of
client-lawyer r elationship
confidentia lity, 195–96, 277
conflicts of inte rest, 277–85
multiple represent ation. See Multiple
representat ion
separately repre sented, contact with,
Co-operation agreements, 442–46. See
also Plea disc ussions
lawyer’s ref usal to negotiate, 442–4 4
limited scope retainers, 443
represented acc used, request for as-
sistance fr om, 445–46
Codes of profession al conduct. See Rules
of professional conduct
constitut ional right to. See Effective
assista nce of counsel

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