Category: Annotated Bibliography
-
Law Society of Ontario v Miller, 2019 ONLSTH 106.
The lawyer in this case has been on the legal aid panel since he started his practice and practiced only criminal law. He was responsible for supervising his then-administrative assistant, to whom he delegated all of the Legal Aid billing. He failed to conduct himself in accordance with the integrity of the profession by abdicating…
-
Law Society of Ontario v Forte, 2019 ONLSTH 9.
Lawyer supervisor Marco Forte hired his first articling student, Nadia Guo, and was to have failed to properly supervise her. The articling student engaged in a number of inappropriate behaviours, including online. Mr. Forte did not appear to approve the website content Ms. Guo posted. He had discussions with her about her importer communications and…
-
Law Society of Ontario v Deslauriers, 2018 ONLSTH 61.
The lawyer in this case was responsible for supervising YD, a student-at-law, while a sole practitioner in a criminal law practice consisting of both legal aid and private clients. The Law Society of Ontario alleged misconduct on two grounds, the one relevant for our purposes being that the lawyer failed to assume complete responsibility for…
-
Law Society of Ontario, Rules of Professional Conduct
Under Rule 6.1-1, a lawyer is responsible for directly supervising non-lawyers assigned tasks and functions. This rule imputes a requirement for the non-lawyer to be competent, though there are no competency requirements for non-lawyers. Non-lawyers are to have their work reviewed by the lawyer frequently. There must be a close contact relationship, and the lawyer…
-
Law Society of Newfoundland and Labrador, Code of Professional Conduct
Under rule 6.1-1, a lawyer must directly supervise staff and assistants to whom the lawyer delegates tasks and functions. The burden rests on the lawyer to educate a non-lawyer concerning the duties that the lawyer assigns to the non-lawyer and to supervise the manner in which duties are carried out, and the work should be…
-
Law Society of British Columbia, Rules of Professional Conduct for British Columbia
Rule 6.1-2 of the BC Rules of Professional Conduct indicates that lawyers supervising students are responsible for providing students with meaningful training and exposure to and involvement in work that will provide students with valuable knowledge and experience of the law. Supervising lawyers are responsible for students acting under the supervising lawyer’s direction. Rule 6.3-1…
-
Law Society of Alberta, Code of Conduct
Rule 6.1-1 indicates that a lawyer has complete professional responsibility for all business entrusted to him or her and must directly supervise staff and assistants to whom the lawyer delegates particular tasks and functions. The lawyer may permit a non-lawyer to act under their supervision as long as the lawyer maintains a direct relationship with…
-
Federation of Law Societies of Canada, Consultation Report: Draft Amendments in Response to Call to Action 27, Model Code of Professional Conduct
This report is a response to the Truth and Reconciliation Commission’s Call to Action 27, which calls upon the Federation of Law Societies of Canada to ensure that lawyers receive appropriate cultural competency training. Inclusive in the many amendments proposed amendments to the Model Code, is a commentary to Rule 6.2-2 Duties of Principal which…
-
Sarah Buhler, Sarah Marsden & Gemma Smyth, Clinical Law: Practice, Theory, and Social Justice Advocacy
This book addresses the many different features of practice in clinical contexts and helps students reflect critically on their experiences. Students learn from many sources including clients, supervisors, communities, and classrooms in clinical programs. Supervisors are employed by legal clinics, usually lawyers, under whose license student’s practice. Supervisors can provide students with connections between theory,…
-
Sara Chandler, “Can Litigators Let Go? The Role of Practitioner-Supervisors in Clinical Legal Education Programmes”
This book examines affect through connections between legal education and neuroscience. The authors rely on the following definition of affect set out by Price, 1998: “the affective domain involves the study of emotion: how they are expressed, how they are learned, how they arise, how they are experienced consciously and unconsciously how they are influenced…