LAW 362 HS LEGAL ETHICS - DOMINANT PARADIGMS AND CRITICAL PERSPECTIVES VOLUME TWO Professor Trudo Lemmens Faculty of Law University of Toronto Second Term, January 2002 These materials are not to be regarded as published. They are for the exclusive use of students in the Faculty of Law, University of Toronto. LAW 362 HS LEGAL ETHICS - DOMINANT PARADIGMS AND CRITICAL PERSPECTIVES VOLUME TWO Professor Trudo Lemmens Faculty of Law University of Toronto Second Term, January 2002 (Based on the 1998 Casebook by Janet Mosher and Barbara Seeker) Prepared with the able assistance of Remigius N. Nwabueze and Stephen Parks These materials are not to be regarded as published. They are for the exclusive use of students in the Faculty of Law, University of Toronto. Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/legalethicsdomin02lemm TABLE OF CONTENTS 5. Ethical Issues Facing the Legal Profession: Availability of Legal Services Carole Curtis, ‘Alternative Visions Of The Legal Profession In Society: A Perspective On Ontario,’ [1995] 33 Alberta Law Review 787.219 Christin Parker, Just Lawyers [Oxford: Clarendon Press, 1995], ‘The Ethics of Justice’.223 Jerome E. Bickenbach, ‘The Redemption Of The Moral Mandate Of The Profession Of Law [1996] 9 Canadian Jour, of Law & Juris. 51.235 A Framework For Setting Priorities For Legal Aid Services.241 David Luban, Lawyers and Justice (Princeton University Press, 1988), chapters 11 and 12.254 “Lawyers have duty to provide pro bono services, major says,” The Lawyers Weekly (1994) 14: 8 at p.l.267 Jonathan Macey, “Mandatory Pro Bono”.269 R. Carey, “Useless (UOSLAS) V. The Bar: The Struggles Of the Ottawa Student Clinic to Represent Battered Women” (1992) 8 Journal of Law and Policy 55.271 Mary Jane Mossman, “Shoulder to Shoulder: Gender and Access to Justice” (1990) 10 Windsor Yearbook of Access to Justice 351.280 Law Times 282 6. Ethical Issues Facing the Legal Profession: Access to the Profession Touchstones for Changes: Equality, Diversity and Accountability, Report of the C.B.A. Task Force on Gender Equality in the Legal Profession (Ottawa: C.B.A., 1993).283 Shelina Neallani, “Women of Colour in the Legal Profession,” (1992) 5 Canadian Journal of Women and the Law 148.305 Brenda Jones Quick, “Ethical Rules Prohibiting Discrimination by Lawyers”. 314 7. Lawyer Client Relationships: Power, Control, Autonomy Austin Sarat, “Lawyers and Clients: Putting Professional Service on the Agenda of Legal Education,” (1991), 41 Journal of Legal Education 43.317 Michael Proulx & David Layton, Ethics & Canadian Criminal Law [Toronto: Irwin Law Inc., 2001]. 322 Mark Spiegal, “Lawyenng and Client Decisionmaking Informed Consent and the Legal Profession,” (1978) 128 University of Pennsylvania Law Review 41...351 Peter Margulies, “Who Are You To Tell Me That?” (1990) 68 North Carolina Law Review 213.364 Lucie White, “Subordination, Rhetorical Survival Skills, And Sunday Shoes,” (1990) 38 Buffalo Law Review 1.372 8. Lawyer Client Relationships: Confidentiality Bruce Landesman, “Confidentiality and the Lawyer-Client Relationship” in D. Luban (ed.), The Good Lawyer (Rowman and Allanhead, 1984).384 David Luban, Lawyers and Justice (Princeton University Press, 1988), chapter 9.395 R. Zitran and C.M. Langford, eds.. The Moral Compass Of The American Lawyer (New York: Ballantine Books, 1999), Chapter 1: “Buried Bodies: Robert Garrow and His Lawyers.”.410 iii Adam M. Dodek, ‘The Public Safety Exception To Solicitor-Client Privilege: Smith v. Jones,’ [2000] 34 U.B.C. Law Rev. 293.421 David Luban, “Corporate Counsel and Confidentiality,” in D. Luban, Lawyers and Justice.444 R. Zitran and C.M. Langford, eds.. The Moral Compass Of The American Lawyer (New York: Ballantme Books, 1999), Chapter 5: “Blowing the Whistle in Corporate America.”.458 9. Ethical Issues in Criminal Law Edward Greenspan, “The Luture Role of Defence Counsel,” In A.N. Doob and E.L. Greenspan, eds., Perspectives in Criminal Law: Essays in Honour of John L.L.J. Edwards (Toronto, 1985), 205.470 Monroe Lreedman, “Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions,” (1966) 64 Michigan Law Review 1469.479 Ken Crispin, “Prosecutorial Ethics,” in S. Parker and C. Sampford, eds.. Legal Ethics and Legal Practice (Oxford: Clarendon Press, 1995).488 Report of the Attorney-General’s Advisory Committee On Charge Screening, Disclosure and Resolution Discussions, Ontario Ministry of the Attorney-General, 1993.502 Ellen Yaroshefsky, “Balancing Victim’s Rights and Vigorous Advocacy for the Defendant,” 1989 Annual Survey of American Law,” 101.519 IV