Why Do We Regulate Lawyers?

AuthorAlice Woolley
Pages105-118
[105]
Why Do We Regulate Lawyers?
aliCe woolley
INTRODUCTION
   legal rules a nd regulations govern lawyers’ work. Prov incial
law societies use powers given to them by the legisl ature to enact codes
of conduct with which lawyers must comply. These codes of conduct are
comprehensive, governing such matters as client selection, the st andard
of competence, advising clients, lawyer advert ising, what is permitted and
forbidden in cour troom advocac y, obligations of conf‌ident iality, prohibi-
tions on acting where there is a conf‌lict of interest, and the conduct of
negotiations. Law societies have the power to disc ipline lawyers for violat-
ing codes of conduct and for other instances of professional misconduct.
Courts also i mpose rules on how lawyers can act . Courts have the power
to control the process of the court, which they use to prevent lawyers f rom
acting when they have a disqua lifying conf‌lict of interest; to ensure that,
absent truly exceptional circumstances, law yers cannot be compelled to
testify about th ings clients have told them; and to control how lawyers
act in representing clients before courts w ith respect to document pro-
duction, examinat ion of witnesses, and otherwise . Courts and law soci-
eties also impose ru les on how lawyers can charge thei r clients; through
the “taxation” power, courts can lower lawyer bil ls that are judged to be un-
reasonable. Some provincial l aw societies also of‌fer free mediation services.
Legislation and the l aw societies determine who is entitled to practice law.

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