R. v Cunningham
Law Society Rules of Professional Conduct
In-House, Whistle-Blowing, Up-The-Ladder Reporting
BONUSES !
100
What was the issue in this case?
Whether a court has authority to refuse to grant defence counsel's request to withdraw because the accused did not comply with the financial terms of the retainer.
100
What is an example of optional withdrawal?
If there is a serious loss of confidence between the lawyer and the client.
100
What does it mean when a client is an organization?
When a lawyer is employed or retained by an organization, including a corporation, in exercising the lawyer's duties and in providing professional services, the lawyer shall act for the organization.
100
What is a key requirement for a lawyer's withdrawal to be optional?
Lawyer may withdraw if there has been a serious loss of confidence between the lawyer and client.
200
In what jurisdiction did this case originally take place?
Yukon
200
What does "non-payment of fees" mean?
A client cannot or will not pay for services rendered.
200
What is the first step when a lawyer discovers there has been dishonesty or fraud in the client organization?
Advise the person from whom the lawyer takes instructions and the chief legal officer or both.
200
Upon withdrawal of a criminal case, name two steps a lawyer must take.
2 of: (a) notifies the client, preferably in writing, that the lawyer is withdrawing because the fees have not been paid or for other adequate cause; (b) accounts to the client for any monies received on account of fees and disbursements; (c) notifies Crown counsel in writing that the lawyer is no longer acting; (d) in a case when the lawyer's name appears on the records of the court as acting for the accused, notifies the clerk or registrar of the appropriate court in writing that the lawyer is no longer acting; and (e) complies with the applicable rules of court.
300
What is the court's remedy of last resort in this case?
Ordering counsel to work for free.
300
What is one instance where a lawyer is obliged to withdraw?
A lawyer must withdraw if: (a) discharged by a client; OR (b) a client persists in instructing the lawyer to act contrary to professional ethics; OR (c) the lawyer is not competent to continue to handle a matter
300
What is the second step when a lawyer discovers there has been dishonesty or fraud in the client organization?
Advise progressively the next highest persons or groups, including ultimately, the board of directors, the board of trustees, or the appropriate committee of the board.
400
What does withdrawing for ethical reasons mean, according to R v Cunningham?
An issue arises in the solicitor-client relationship where it is impossible for counsel to continue in good conscience to represent the client
400
What does "reasonable notice" mean when terminating a client-lawyer relationship?
The client should be given sufficient time to retain and instruct a new replacement counsel.
400
What is the final step when a lawyer discovers there has been dishonesty or fraud in the client organization?
Withdraw from acting in the matter in accordance with Rules.
500
What did the court conclude?
Appeal allowed, order as to costs declined.
500
What is the Federation of Law Societies of Canada?
The national coordinating body of Canada's 14 provincial and territorial law societies.
500
Noisy withdraw is required. True or False?
False
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