Canadian Lawyer

OPINION from him and some people on his staff is, I guess, that the lawyers that they are dealing with suggest the less they say at this point, the better." Eventually, Ford himself said, ''For the past week, on the advice of my solicitors, I was advised not to say a word.'' But saying nothing was a disastrous strategy for Ford. His silence fueled speculation, suspicion, rumour, and ridicule. If he was acting on the advice of lawyers, he got very bad advice. If what we read in the newspapers is true, "the lawyers" treated the situation as a legal problem rather than a political crisis. That was a big and clumsy mistake. A political crisis needs to be handled quite differently from a legal problem. My friend Steven Skurka, host of Closing Arguments on NewsTalk 1010 (full disclosure: I've been a guest on his show several times), doesn't agree. He has written in the Huffington Post, "in general terms, lawyers instruct their clients to be vigilant and keep quiet about their matter for one principle reason; it could harm their case or legal position." Skurka continues: "It was, in reality, a measured and not a capricious decision. Rob Ford's lawyer is deserving of no blame." But in the same article, Skurka admits there was no conceivable chance of Ford being criminally charged. The point is, there was no "case" and there was no "legal position," and it was seriously misguided to behave as if there were. It's always amusing when some public figure doesn't show up for an unpleasant event citing "doctor's orders." Pseudolegal advice can be used in the same way as phoney medical commands. Sometimes the charade is not entirely the lawyer's fault. If a powerful client demands legal advice he can hide behind, it may be hard to resist. So out it comes: "I'd love to help you/answer your question/assist in the inquiry, but my lawyer has instructed me not to." Everyone who has practised law has run into this problem. The equivalent in the world of corporate law is a formal legal opinion seeking to justify some lessthan-savoury transaction. Who can resist the powerful and wealthy client? But the ethics of the situation are clear. Legal advice and opinions should not be for sale — at least, not in this way. What about the lawyer whose advice is sought about all kinds of different things, not because of his legal expertise so much, but because of his well-known general sagacity and extraordinarily broad experience? Most of us know someone like that — the lawyer who acts as a trusted long-time family adviser, or a CEO's righthand man, or a consigliere. This particular lawyer isn't ethically restricted in the way I've described, provided it's explicit that he's not being asked for legal advice and he's not giving it, and provided his advice is not misrepresented as a legal opinion. Those provisos seem obvious, but, oh, how many times they are ignored! The Bible says it all: "Whoever walks with the wise becomes wise, but the companion of fools will suffer harm." (Proverbs 13:20) Philip Slayton's latest book, Mighty Judgment: How the Supreme Court of Canada Runs Your Life, is available in paperback. Follow him on Twitter @philipslayton. LEGAL EVENTS DESIGNED FOR THE LAW FIRM C-LEVEL EXECUTIVE West LegalEdcenter® is the leading provider of live Business of Law events for C-level law firm executives. These events will allow you to better collaborate with your C-level colleagues, as well as learn the latest industry tips and best practices on how to better manage your law firm. Below you'll find upcoming live conferences designed specifically for legal professionals at the C-level. EVENT 18TH ANNUAL LAW FIRM LEADERS FORUM Oct. 17 – 18 New York, NY $2,295 Widely recognized as one of the nation's premier gatherings of law firm chairs, managing partners, and CEOs, the 18th Annual Law Firm Leaders Forum will focus on the key trends impacting the legal market and will offer thoughtful discussions by leaders drawn from some of the world's most prominent and innovative law firms. EVENT 12TH ANNUAL CFO/COO FORUM Oct. 24 – 25 New York, NY $1, 95 Plan to join us for the premier event for law firm COOs and CFOs focusing on the strategic investments necessary to meet client demands and maintain competitiveness and profitability in the continually changing legal market. Untitled-1 1 DISCOUNTS AVAILABLE Individual Discount – Receive 15% off any individual program. Use Promo Code 15LAWFIRM at checkout with any of the events. Group Discounts – We have great group discounts available for you and your colleagues. The more events you purchase, the more you save: Call 1-800-308-1700 for more information or to register. www.CANADIAN L a w ye r m a g . c o m 13-06-05 11:27 AM august 2013 17

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