Tuesday, June 07, 2011

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In this issue:
• National Ethical Standards Articulated in new Alberta Code of Conduct
• Code of Conduct Available for Review

National Ethical Standards Articulated in new Alberta Code of Conduct

The practice of law continues to evolve and, with it, interprovincial lawyer mobility has arrived as a reality.  Mobility agreements allow lawyers to practice in every province and territory. With mobility comes a need for consistent national ethical standards.

Uniform national ethical standards are also important to the tradition of a strong independent bar. These factors all favour the establishment of national standards governing lawyer conduct.

This is why the Law Society of Alberta has adopted a new Alberta Code of Conduct. The Code of Conduct is based on a Model Code of Conduct developed by the Federation of Law Societies of Canada. The Federation developed the Model Code to facilitate lawyer mobility and promote public confidence in a self-regulated legal profession across the country.

The Code may be in effect November 1, 2011 for all Alberta lawyers, students-at-law and visiting lawyers.

Code of Conduct Available for Review

The Code of Conduct is now available for review on the Law Society’s website at www.lawsociety.ab.ca The Code has a new format but contains familiar content. Essential ethical principles recognized in Alberta law and practice have been maintained in the Alberta Code.

The Code of Conduct was thoroughly reviewed by the Law Society of Alberta’s Professional Responsibility Committee following completion of the Federation’s first draft. The Benchers approved the changes recommended by the Committee. The Law Society has attempted to maintain consistency with nationwide standards to the greatest possible extent, while also preserving essential elements of Alberta standards and practice which were previously articulated in the 1995 Alberta Code of Professional Conduct.

As the Federation has not yet approved a final version of conflicts rules for the Model Code, Chapter 6 on conflicts from the existing Alberta Code has been adopted as part of the new Code.

While the ethical standards articulated in the new Code of Conduct are not significantly different from the earlier Code, there are some changes of which lawyers should be aware.

There will be educational articles in upcoming editions of the Advisory. In addition, the Law Society and LESA are working together to create a series of learning modules which will be available on-line in the fall.

Feedback Sought on New Code

Lawyers are invited to submit feedback or comments to the attention of the Professional Responsibility Committee, through the Practice Advisors in Calgary and Edmonton. Provide your feedback to:

Nancy Carruthers, Practice Advisor at 403-229-4714 or toll-free 1-800-440-4640 or Nancy.Carruthers@lawsociety.ab.ca

Ross McLeod, QC at 780-412-2301 or toll-free 1-800-661-2135 or Ross.McLeod@lawsociety.ab.ca or

Jocelyn Frazer at toll-free 1-888-229-4769 or Jocelyn.Frazer@lawsociety.ab.ca .

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www.lawsociety.ab.ca
Law Society of Alberta
Calgary Office
Suite 500, 919 11th Avenue SW
Calgary, Alberta T2R 1P3
Phone: 403-229-4700

Edmonton Office
Suite 800, Bell Tower
10104-103 Avenue
Edmonton, Alberta T5J 0H8
Phone: 780-429-3343

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