WHAT IF WE DIDN’T WAIT? CANADIAN LAW SOCIETIES AND THE PROMOTION OF EFFECTIVE ETHICAL INFRASTRUCTURE IN LAW PRACTICES
Keywords: Conflicts of interest, law societies, law firms, ethical infrastructure, billing
AbstractThis article explores whether and how law societies might become more active in promoting effective ethical infrastructures in Canadian law practices. The case presented for expanded law society involvement is three-fold: (1) there are reasons to believe that these infrastructures could, as a general matter, be improved; (2) this improvement would, in turn, lead to improved outcomes in relation to lawyers’ ethical duties; and (3) current law society regulatory efforts are not optimally situated to assist with this improvement. In addition to making the case for increased law society involvement, this article also seeks to contribute to future policy conversations by outlining and analysing various “decision points” that regulators will face when considering reforms in this area.
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