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Ontario|Find A LawyerFind A Lawyer 859 Lawyers' professional responsibilities Lawyers are under a "fiduciary duty" in their dealings with clients. This means that they owe a duty of good faith to their clients and therefore must act scrupulously. They are also governed by the Rules of Professional Conduct that impose certain ethical standards and duties. In addition, lawyers are under a duty to be competent to handle your legal matter; if they are not, they must refer you to a lawyer who is competent to handle the matter.
- Lawyers' duties
Lawyers must meet a standard of competence in their work. They have a duty to provide objective advice about a problem, and to defend their clients' interests. Lawyers must maintain confidentiality with respect to communications with their clients, and they must be candid and honest with their clients. Lawyers cannot put themselves in a conflict of interest. This means that they cannot represent two opposed interests at the same time. For example, a lawyer cannot represent both the husband and wife when preparing a separation agreement. Lawyers cannot persuade clients to enter into investments or business schemes where the lawyer has invested the lawyer's own money unless the client is referred to another lawyer for independent legal advice.
- Scrutiny
Because lawyers are under significant professional responsibilities and fiduciary duties, they are subject to more scrutiny than most persons. If lawyers violate their professional responsibilities, they may have to undergo a full investigation which can lead to being disciplined by the Law Society of Upper Canada. In more serious cases, the lawyer's right to practice may be suspended or it may be withdrawn altogether which means that the lawyer has been disbarred, or the Law Society may give the lawyer permission to resign, or the lawyer may be reprimanded with the fact being published.
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