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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 02-20-2012, 09:32 PM
temporalcat temporalcat is offline
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Default Can a lawyer be disbarred for acting against the best interests of Family Law?

In June 2011, the Canadian Bar Association passed a resolution that passed the Best Practice Guidelines for Lawyers Practicing Family Law.

The Best Practice Guidelines are:
Quote:
Lawyers involved in a family law dispute should strive to ensure it is conducted in the following manner:

1. Lawyers should conduct themselves in a manner that is constructive, respectful and seeks to
minimize conflict and should encourage their clients to do likewise.
2. Lawyers should strive to remain objective at all times, and not to over-identify with their clients
or be unduly influenced by the emotions of the moment.
3. Lawyers should avoid using inflammatory language in spoken or written communications, and
should encourage their clients to do likewise.
4. Lawyers should caution their clients about the limited relevance of allegations or evidence of
conduct.
5. Lawyers should avoid actions that have the sole or predominant purpose of hindering, delaying
or bullying an opposing party, and should encourage their clients to do likewise.
6. Lawyers cannot participate in, and should caution their clients against, any actions that are
dishonest, misleading or undertaken for an improper purpose.
7. Lawyers should keep their clients advised of, and encourage their clients to consider, at all
stages of the dispute:
a. the risks and costs of any proposed actions or communications;
b. both short and long term consequences;
c. the consequences for any children involved; and
d. the importance of court orders or agreements.
8. Lawyers should advise their clients that their clients are in a position of trust in relation to their
children, and that
a. it is important for the client to put the children’s interests before their own; and
b. failing to do so may have a significant impact on both the children’s well-being and the client’s case.
9. Lawyers should advise their clients of and encourage them to consider, at all stages of the dispute, all available and suitable resources for resolving the dispute, in or out of court.
If his/her counsel is not acting according to these guidelines would that be grounds for disbarring that particular Family Lawyer?

TC

Last edited by temporalcat; 02-20-2012 at 09:33 PM. Reason: gender neutral
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Old 02-20-2012, 11:28 PM
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hadenough hadenough is offline
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The chances of a lawyer being disbarred are slim to none. A lot of their practices fall under "negligence" and not what our fabulous LSUC considers Professional Misconduct. The LSUC only opens a file on "Suspicion of Professional Misconduct" - and even then, they are pretty useless. Negligence on the other hand, with its very broad definitions - the LSUC won't give what they consider to be negligence issues a second thought.
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Old 02-21-2012, 10:24 AM
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Tayken Tayken is offline
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Quote:
Originally Posted by hadenough View Post
The chances of a lawyer being disbarred are slim to none. A lot of their practices fall under "negligence" and not what our fabulous LSUC considers Professional Misconduct. The LSUC only opens a file on "Suspicion of Professional Misconduct" - and even then, they are pretty useless. Negligence on the other hand, with its very broad definitions - the LSUC won't give what they consider to be negligence issues a second thought.
Although this list that is posted can help a litigant making a complaint align the "cogent" evidence that is required by LSUC to conduct a better investigation. It gives litigants making a complaint some principles to align their complaint to.

LSUC's governance structure is self serving. There is no public accountability on their conduct.

Good Luck!
Tayken
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