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Ethics Notes Chapter 6.pdf

Ethics Notes Chapter 6.pdf - CHAPTER SIX Rule 4 Advocacy...

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CHAPTER SIX Rule 4: Advocacy Duty to the Tribunal and Other Licensees Rule 4.01(1),(4) Rule 4 concerns a paralegal’s behaviour as an advocate in court and tribunal proceedings o An advocate is someone who speaks on behalf of others Paralegals have a duty to represent the client diligently and fearlessly, and do not have to assist the opposing party o However, these principles do not mean a paralegal can behave as he or she likes As an advocate, a paralegal shall: o Raise fearlessly every issue, advance every argument and ask every question that may help the client’s case o Endeavor to obtain the benefit of every remedy and defence authorized by law o Never waive or abandon a client’s legal rights without client’s co nsent o Avoid and discourage client from resorting to meritless or frivolous tactics Duty to the Tribunal and Other Licensees Rule 4.01(5) A paralegal shall not (and not allow client to): o Offer false evidence o Misstate facts or law o Present or rely upon a false affidavit o Suppress information that should be disclosed o Assert a fact as true when the evidence cannot support it o Misstate the contents of a document, witness testimony, etc. o Present a false witness o Misrepresent client’s position or the legal issues i n the matter o Make false or reckless suggestions to a witness Duty to the Tribunal and Other Licensees Rule 4.01(1),(4) Taking judicial notice means accepting a matter of common knowledge as true without hearing evidence An affidavit is a written statement of facts confirmed under oath or affirmation, often used as evidence o Swearing a false affidavit is a form of perjury, punishable under s.131(1) of the Criminal Code Duty to the Tribunal and Other Licensees Rule 4.01(5) If a client confesses to committing a crime, a paralegal must hold this information in confidence However, Rule 4.01(5) prohibits any attempt to deceive a tribunal or assist the client in dishonesty When a client has admitted to committing all the elements of an offence, the paralegal cannot
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