Responsibilities of Canadian Lawyers and Clients

Author: Natalie Fraser

Retainer Agreements in Canada

Canadian lawyers should discuss their retainer agreements during initial meetings with clients. The retainer represents a contract between the lawyer and the client, preferably in writing, in which the lawyer agrees to provide legal services to the client for a fee. The retainer includes a discussion of the amount of the fee and any additional expenses. If circumstances change and the fee will be larger than that discussed at the initial interview, the Canadian lawyer should advise the client immediately and obtain instructions before proceeding. Under the retainer, the client agrees to pay the lawyer's bills on time.

The retainer agreement establishes the lawyer-client relationship, setting out the responsibilities and duties of each.

Rules of Professional Conduct in Canada

Law societies in every province have established codes of conduct that Canadian lawyers must obey. Lawyers who do not follow these rules can be disciplined by their law society for professional misconduct, with punishments including fines, reprimands, suspension and disbarment.

These rules require Canadian lawyers to act competently in the representation of their clients, and to uphold the administration of justice. They impose a duty on lawyers to keep information received from their clients confidential, unless clients give permission to release the information. A paramount rule requires Canadian lawyers to avoid conflicts of interest. This means that under most circumstances, they are not allowed to act for both sides in a matter, for example acting for both husband and wife in a divorce. The rules require Canadian lawyers to keep their clients' funds separately from their own.

These and many Codes of professional conduct generally set out their requirements in detail, and most Canadian lawyers refer to them regularly whenever ethical issues arise and to ensure their practices meet the necessary standards.

Confidentiality in Canada

Canadian lawyers must promote and protect their client's interests. This requires free and open communication between them, and a relationship assuring confidentiality. Canadian lawyers maintain confidentiality through a special legal rule, called solicitor-client privilege. By this rule, lawyers cannot disclose any communication they receive from their clients, unless the client gives permission for the lawyer to do so.

With solicitor-client privilege, clients can speak freely and fully with their Canadian lawyers, without fear of having their discussions exposed in court. By gaining a complete understanding of their clients' situation, lawyers have the ability to defend their clients from every possible angle. The rule of solicitor-client privilege allows lawyers to fulfill their role as champion of their clients' interests.

Natalie Fraser practised law in Whitby, Ontario for seventeen years and is now a freelance legal writer. She often writes for The Lawyers Weekly.