Lawyer and paralegal conduct rules and paralegal guidelines amended
The lawyers’ Rules of Professional Conduct, the Paralegal Rules of Conduct and the Paralegal Professional Conduct Guidelines were amended regarding leaving a firm and incriminating physical evidence. The amendments reflect recent changes to the Federation of Law Societies Model Code of Professional Conduct.
Leaving a firm
Amendments to the lawyer and paralegal conduct rules, and the paralegal guidelines clarify licensee obligations when leaving a firm, including issues of client choice of legal representative, how a licensee and firm should interact when a licensee departs and how licensees should provide notice of the departure to clients.
Incriminating physical evidence
The following was added to the Commentary to the lawyers’ Rules of Professional Conduct and Paralegal Professional Conduct Guidelines: “The (lawyer’s or paralegal’s) advice to a client that the client has the right to refuse to divulge the location of physical evidence does not constitute hindering an investigation”.