Few issues have garnered as much public scrutiny of the legal profession generally and the practice of criminal law in particular than those raised in R. v. Murray. However, in an area of practice that continually follows moral dilemma with ethical conundrum, the questions raised in the Murray decision are only the tip of the proverbial iceberg. Those engaged at the criminal bar, as defence counsel or as prosecutors, regularly face these perplexing ethical questions - questions ranging from client perjury to confidentiality - the outcome of which can affect not only their case but their career. Furthermore, those who are required to rule on these issues as judges, or to guide the behaviour of their colleagues from within the law societies, also face a formidable task in adjudicating appropriate professional conduct.
In Ethics and Canadian Criminal Law, Hon. Michel Proulx of the Quebec Court of Appeal, and criminal lawyer David Layton, provide a thoughtful survey of the most important ethical issues faced by criminal lawyers in Canada today. Each chapter provides a detailed discussion of a particular issue with both real and hypothetical examples, it analyzes the case law involved, and suggests ways in which the issue may be handled. Among the issues covered, the authors include a separate chapter on the duties of the prosecutor in criminal cases.
Summary Table of Contents
Acknowledgments
Abbreviations
Introduction
CHAPTER 1: Defending the Guilty
CHAPTER 2: Choosing and Refusing Clients
CHAPTER 3: Decision Making
CHAPTER 4: Confidentiality
CHAPTER 5: Possible Confidentiality Exceptions
CHAPTER 6: Conflict of Interest
CHAPTER 7: Client Perjury
CHAPTER 8: Plea Discussions
CHAPTER 9: Incriminating Physical Evidence
CHAPTER 10: Fees and Disbursements
CHAPTER 11: Termination of the Client-Lawyer Relationship
CHAPTER 12: The Prosecutor
Table of Cases
Index