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Thursday, October 26th, 2017 technology  research  practice

A Practice Tip

  • Practice

This is easier said than done. Don’t let anyone make you do what you know is wrong – whether out of trust, love, or pressure from a bully. If a client tells you to hide evidence or lie, don’t do it. If a supervising lawyer tells you to take a shortcut that only partially fulfills your duties, don’t do it. If opposing counsel treats you maliciously and you want to retaliate in kind, don’t do it. As a lawyer, you are often the last and only person who can say no when someone tells you to do something you know is wrong. That’s why you’re a lawyer, to stand up for justice. Stick to what you know is right.

Malpractice claims have occurred when a lawyer is lured or pressured into shortcuts. In one example, a paralegal established a trusting friendship and business relationship with a new lawyer, but the lawyer was too trusting. The paralegal provided the lawyer with real estate files, but insisted on doing the work including processing all the documentation. The lawyer breached both professional duties and obligations to Teranet by letting the paralegal effect registrations using the lawyer’s electronic land registration account and disk. The transactions were fraudulent and the lawyer was compelled to resign as a licencee.

There are numerous other examples in which you will be pressured – a client instructing you to withhold evidence; opposing counsel encouraging you to settle a file you haven’t investigated properly; and so on. Don’t succumb. Stick to what is right – your Atticus Finch moments are found around many corners.

The Law Society of Upper Canada’s Coach and Advisor Network can also set you up with a mentor to provide you with insight and support.

Ian Hu (@IanHuLawpro)

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