Mandate
The mandate of the Legal Ethics and Practice Committee, as set out in the Rules of the Law Society of Nunavut, is
- to maintain and promote high ethical standards by lawyers, and
- to investigate and make recommendations respecting persons engaged in the unauthorized practice of law;
- to perform any additional duties assigned by the Executive.
The Law Society of Nunavut is committed to maintaining high ethical standards. Lawyers in Nunavut are obliged to follow the
Code of Professional Conduct of the Canadian Bar Association.
The Code explains what is expected of lawyers (at vii-iii):
The essence of professional responsibility is that the lawyer must act at all times _ with
utmost good faith to the court, to the client, to other lawyers, and to members of the
public. Given the many and varied demands to which the lawyer is subject, it is inevitable
that problems will arise. No set of rules can foresee every possible situation, but the
ethical principles set out in the Code are intended to provide a framework within which
the lawyer may, with courage and dignity, provide the high quality of legal services that a
complex and ever-changing society demands.
The Code sets out various rules of conduct covering a wide range of issues, from conscientious
service to the client, confidentiality of client information, fees, and conflicts of interest
between the lawyer and client, to the lawyer's role as an advocate and as an officer of the court,
to lawyers having interests and businesses outside the practice of law.
The Legal Ethics and Practice Committee fulfills the ethics aspect of its mandate by focusing
on promoting the ethical standards set out in the Code. It is the mandate of the Discipline
Committee to investigate complaints against lawyers who allegedly fail to meet those standards.
Only licensed lawyers can practice law in Canada. The Law Society of Nunavut licenses its
members to practice law in Nunavut if they have met the educational and professional
requirements to practice law. Practicing law without a license is called the unauthorized
practice of law.
Members of the public can risk serious legal and financial consequences by entrusting legal
matters to unlicensed persons. Lawyers engaged in the unauthorized practice of law may not
be subject to ethical standards and other regulatory requirements, and may not carry errors
and omissions insurance. Meanwhile, non-lawyers lack the education necessary to give legal
advice or perform legal services.
The Legal Ethics and Practice Committee fulfils the practice aspect of its mandate by
investigating allegations of persons engaging in the unauthorized practice of law and
making recommendations about how to handle those allegations to the Executive.
