This Div is a JS Trigger
Issue 56 | March 2019


This newsletter includes information to help lawyers reduce the likelihood of being sued for malpractice. The material presented is not intended to establish, report, or create the standard of care for lawyers. The articles do not represent a complete analysis of the topics presented, and readers should conduct their own appropriate legal research.
New Criminal Professional Standards Introduced

Two new Criminal Law Professional Standards have recently been introduced:

Standard # 2 - Lawyers' Competence: A lawyer must be competent to perform all legal services undertaken on behalf of a client. In the criminal law context, competence requires:

  • an objective assessment of whether the lawyer can competently represent the client on the specific matter, having regard to the seriousness of the charge(s) and the complexity of the matter, given the lawyer’s experience, pre-existing caseload and available resources.
  • an ability to recognize potential legal, ethical and evidentiary issues.

Standard #3 - Defence Obligations Regarding Disclosure: Once retained, a lawyer must obtain and review adequate Crown disclosure and review it with the client to permit Defence Counsel to obtain instructions from the client and to effectively represent the client.