Law Practice Essentials

The duties you owe to your client do not change when the opposing party is self-represented. The following are some of the duties to keep in mind, but the Code of Conduct should be reviewed for an exhaustive list:

• You must perform all legal services undertaken on a client’s behalf to the standard of a competent lawyer (Rule 3.1-2 of the Code). The fact that the opposing party may be self-represented does not lower the threshold of competency that a lawyer must have before undertaking a matter. 
  
  
• You must provide courteous, thorough and prompt service to clients. The quality of service required of a lawyer is service that is competent, timely, conscientious, diligent, efficient and civil (Rule 3.2-1 of the Code). 
  
  
• When advising a client, you must be honest and candid and must inform the client of all information known to you that may affect the interests of the client in the matter (Rule 3.2-3 of the Code). 
  
  
• You must obtain instructions from the client on all matters not falling within your express or implied authority (Rule 3.2-4 of the Code). No matter how unreasonable you may view a SRP’s settlement offer, you have an ethical obligation to put all settlement offers to your client and obtain specific instructions with regard to making or accepting offers on the client’s behalf. 
  
  
• You must advise and encourage a client to compromise or settle a dispute whenever it is possible to do so on a reasonable basis and must discourage the client from commencing or continuing useless legal proceedings (Rule 3.2-10 of the Code). Litigation is expensive and the lack of court resources is at an all-time high, and it is improper to engage in conduct that causes unnecessary costs and delays. At the outset of the matter, you should take the time to ensure your client is aware of all the alternative dispute resolution options that are available to resolve the dispute. There are various Acts which require you to discuss these options with your client, and the information will allow the client to make an informed decision as to how he or she wishes to proceed in the matter. 
  
  
• When acting as an advocate, you must represent the client resolutely and honourably within the limits of the law, while treating the tribunal with candour, fairness, courtesy and respect (Rule 5.1-1 of the Code). It is important to keep in mind that in adversarial proceedings that will likely affect the health, welfare and security of a child, you should advise the client to take into account the best interests of the child if this can be done without prejudicing the legitimate interests of the client [Rule 5.1-1[4] of the Code).