Canadian Lawyer

March 2011

The most widely read magazine for Canadian lawyers

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REGIONAL WRAP-UP ATLANTIC Model code of ethics recoMMended for n.s. Model Code of Professional Conduct. That code will replace the Nova Scotia Barristers' Society's current ethics handbook, says Dan Campbell, a part- ner with Cox & Palmer in Halifax and chairman of the NSBS model code of conduct task force. Nova Scotia is one of a number of N provinces, including British Columbia, that is considering replacing its provin- cial ethics requirements with the national model code, which was approved by the Federation of Law Societies in October 2009. With good reason, says Campbell. Law societies used to adhere to a national code of ethics developed by the Canadian Bar Association. Over time, provinces began to develop their own versions and the codes started to diverge. With increased mobility among lawyers, there is a move to bring the codes once again in line. "On general principles you'd expect More details on the Model Code of Professional Conduct are available at ova Scotia lawyers are one step closer to adopting the Federation of Law Societies' ethics to be the same, but it's particularly important when lawyers are moving from province to province," says Campbell. The NSBS task force has spent two years taking a close look at the model code and, with minor exceptions, has recom- mended its adoption. Those exceptions reflect the practice of law in Nova Scotia as distinct from other provinces, particularly Ontario. For example, the model code states that lawyers should not speak with clients who have been sworn in but are not on the witness stand. In Nova Scotia, that rule kicks in as soon as a client is sworn in. In Ontario, it only becomes effective once cross-examination begins. Another issue concerns advertising. "The model code includes provisions about advertising and refers to special- ities, but only Ontario recognizes these," says Campbell. What the model code does not include — and what is considered most controversial — are conflict-of-interest guidelines. As well, the section on risk- of-harm exception is left blank in the model code. It is anticipated that draft sections will be released by the federation later this year. The NSBS task force has now distrib- N.L. JUDGE GOES community. His counterparts on the judiciary, however, tend to take a dif- ferent view. At least seven times last year Gorman is said to have ignored lawyers' recommendations — both from Crown and defence — as well as plea bargains and accused sentenced to higher-than-normal jail N 6 M A RCH 2011 www. CANADIAN Lawyermag.com Untitled-2 1 ewfoundland and Labrador Provincial Court Judge Wayne Gorman sentences to the beat of a different drummer. The sounds resonate with some members of his Corner Brook terms. For example, Gorman sentenced a man charged with possession of child pornography to four years and nine months in jail. The prosecu- tor had requested a jail term of 12 to 18 months. The man's own lawyer suggested eight to 10 months. Each of the seven controversial sentences handed down by the provincial court judge last year were reversed on appeal. The man convicted of child pornography, for instance, had his sentence reduced Dan Campbell says the NSBS model code does not yet address conflicts of interest. uted its recommendations for consulta- tion with members, but no significant opposition to the model code is antici- pated. In fact, says Campbell, although the society's Legal Ethics Handbook is "in quite a different format, the substance is the same. We're not looking at a funda- mental difference in ethics." — DONALEE MOULTON donalee@quantumcommunications.ca Experienced Professional Client-Focused A full service, bilingual law firm in New Brunswick, serving clients in Atlantic Canada and beyond. 1-888-743-4226 Saint John, NB Moncton, NB www.barryspalding.com 9/23/10 11:48:31 AM ABO nsbs.org/ne w s.php?ne w s_id=150. VE A N D BEY O N D

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