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ISBN: 9781552213780

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Ethics and Criminal Law, 2/e

Ethics and Criminal Law is a comprehensive survey of the ethical issues facing criminal lawyers. Topics covered include: defending a client known to be guilty; choosing and refusing clients; decision-making in criminal litigation; the duty of confidentiality and its exceptions; conflict of interest; client perjury; interviewing and preparing witnesses; plea discussions; handling incriminating physical evidence; termination of the client-lawyer relationship; and the special duties of Crown counsel.

The second edition provides an invaluable update, with hundreds of new case citations, references to the latest commentary, and analysis of the new codes of professional conduct from Canadian law societies. It also explores new topics including whether an implied undertaking attaches to criminal disclosure; the Lyttle requirement that cross-examinations be conducted in good faith; communicating with testifying witnesses; law office searches post-Lavallee; client confidentiality and new technology; the benefits and pitfalls of defence counsel contacting a complainant; the propriety of defence investigations that focus on confidential informants or involve trickery; withdrawing from a case pursuant to Cunningham; the proper role of Crown counsel at the investigative stage of a proceeding; the scope of prosecutorial discretion after Krieger and Anderson; and the impact of Nixon on Crown counsel’s ability to repudiate a plea agreement.

David Layton

David Layton obtained his LLB from Dalhousie Law School in 1987 and a master’s degree in law from Oxford University in 1989. He clerked for the late Chief Justice Brian Dickson at the Supreme Court of Canada in 1990. David worked as defence counsel for over twenty years in Toronto and Vancouver before joining the British Columbia Ministry of Justice as an appeals prosecutor in 2014. He has taught courses at the University of British Columbia and the University of Victoria faculties of law on ethics and criminal law, and wrongful convictions. He is currently a member of the Law Society of British Columbia’s disciplinary hearing panel pool.

Michel Proulx

Hon. Mr Justice Michel Proulx (1939–2007) was a member of the Court of Appeal of Quebec from 1989 until 2004. Prior to his appointment, he had a distinguished litigation practice, mainly in criminal law, from 1963 to 1989. He also served as an adjunct professor of law at McGill University from 1967 to 1989. After leaving the bench, Michel was a partner at Davies Ward Phillips & Vineberg.

Chapter Title Abstract Contributors Pages Year Price

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Overview of sources of principles and standards to guide lawyers in conducting a morally sound practice of criminal law. ; 14 $1.40

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Analysis of counsel’s ethical duties to the client, to the administration of justice, and to the profession in the course of defending an accused known to be guilty. ; 56 $5.60

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Analysis of situations in which a lawyer may not represent a particular client, how to exercise discretion in deciding whether or not to accept a case where there is otherwise no impediment, and … ; 26 $2.60

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Analysis of the respective roles of the client and the lawyer in making decisions regarding the conduct of the defence. ; 60 $6.00

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Examination of the problems and concerns arising from the lawyer’s core obligation to keep client information confidential, plus the duty of confidentiality owed to non-clients. ; 51 $5.10

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Examination of situations where ethical rules may relieve counsel from the usual obligation to keep information confidential, based on countervailing societal values. ; 55 $5.50

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Examination of issues relating to situations in which a lawyer is placed in a position where loyalty to a client is compromised. ; 66 $6.60

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Examination of a lawyer’s duty of competent representation, duty to client confidentiality, and duty to the court upon learning that a client has given, or intends to give, false testimony. ; 45 $4.50

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Examination of issues arising from a lawyer’s out-of-court interactions with witnesses and potential witnesses, and review of potential ethical issues arising from questioning a witness in court. ; 53 $5.30

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Examination of the role of defence counsel in advising an accused with respect to entering a plea and plea bargaining. ; 56 $5.60

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Examination of a lawyer’s duty of loyalty and confidentiality to a client and duty to the administration of justice upon learning of incriminating physical evidence. ; 56 $5.60

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Examination of the termination of the lawyer-client relationship before the client’s matter is concluded, either from discharge by the client or withdrawal by the lawyer. ; 38 $3.80

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Analysis of the prosecutor’s ethical obligations in the dual role of minister of justice and advocate. ; 84 $8.40