PREFACE

One of the hallmarks of civilized society is the Rule of Law.Its importance is manifested in every legal activity in which citizens engage，from the sale of real property to the prosecution of murder to international trade.As participants in a justice system that advances the Rule of Law，lawyers hold a unique and privileged position in society.Self-regulatory powers have been granted to the legal profession on the understanding that the profession will exercise those powers in the public interest.Part of that responsibility is ensuring the appropriate regulation of the professional conduct of lawyers.Members of the legal profession who draft，argue，interpret and challenge the law of the land can attest to the robust legal system in Canada.They also acknowledge the public’s reliance on the integrity of the people who work within the legal system and the authority exercised by the governing bodies of the profession.While lawyers are consulted for their knowledge and abilities，more is expected of them than forensic acumen.A special ethical responsibility comes with membership in the legal profession.This Code attempts to define and illustrate that responsibility in terms of a lawyer’s professional relationships with clients，the Justice system and the profession.

The Code sets out statements of principle followed by exemplary rules and commentaries，which contextualize the principles enunciated.The principles are important statements of the expected standards of ethical conduct for lawyers and inform the more specific guidance in the rules and commentaries.The Code assists in defining ethical practice and in identifying what is questionable ethically.Some sections of the Code are of more general application，and some sections，in addition to providing ethical guidance，may be read as aspirational.The Code in its entirety should be considered a reliable and instructive guide for lawyers that establishes only the minimum standards of professional conduct expected of members of the profession.Some circumstances that raise ethical considerations may be sufficiently unique that the guidance in a rule or commentary may not answer the issue or provide the required direction.In such cases，lawyers should consult with the Law Society，senior practitioners or the courts for guidance.

A breach of the provisions of the Code may or may not be sanctionable.The decision to address a lawyer’s conduct through disciplinary action based on a breach of the Code will be made on a case-by-case basis after an assessment of all relevant information.The rules and commentaries are intended to encapsulate the ethical standard for the practice of law in Canada.A failure to meet this standard may result in a finding that the lawyer has engaged in conduct unbecoming or professional misconduct.

The Code of Conduct was drafted as a national code for Canadian lawyers.It is recognized，however，that regional differences will exist in respect of certain applications of the ethical standards.Lawyers who practise outside their home jurisdiction should find the Code useful in identifying these differences.

The practice of law continues to evolve.Advances in technology，changes in the culture of those accessing legal services and the economics associated with practising law will continue to present challenges to lawyers.The ethical guidance provided to lawyers by their regulators should be responsive to this evolution.Rules of conduct should assist，not hinder，lawyers in providing legal services to the public in a way that ensures the public interest is protected.This calls for a framework based on ethical principles that，at the highest level，are immutable，and a profession that dedicates itself to practise according to the standards of competence，honesty and loyalty.The Law Society intends and hopes that this Code will be of assistance in achieving these goals.