Many people have the stereotypical impression of lawyers being dishonest or ruthless about winning. Today I would like to rebut these impressions by explaining lawyers’ professional obligation to be ethical.

Lawyers in Ontario (as well as in most common law jurisdictions) are officers of the court. As such, lawyers have the professional obligation not to knowingly mislead the court. Most lawyers do take this obligation very seriously.

Lawyers are required to act honestly and courteously before the courts. This obligation goes far beyond “not lying.” Lawyers must not knowingly assist illegal acts, or permit anyone to make false statements before the court, or otherwise act dishonestly.

Of course, lawyers also have the duty to keep the communication between themselves and their clients confidential. This duty sometimes directly conflicts with the duty not to mislead the court.

What should one do when a client expresses intention to deliberately mislead the court?

The lawyer should inform the client of the lawyer’s professional obligation not to permit such conduct. The lawyer may chose not to call the client as a witness in a proceeding.

In cases where a lawyer feels that he or she has lost confidence in the client and can no longer work with the client, the lawyer may have to disengage himself or herself from the proceeding and withdraw from the record. If this is the case, when withdrawing, the lawyer must not disclose the reason behind the withdrawal (i.e., the client is going to lie!!) to the court or the other party, or the lawyer would be breaching the client’s confidence and committing professional misconduct.

Perhaps most importantly, the lawyer should educate the client that there may be legitimate alternative defense of his or her case without committing perjury, and encourage the client to act honestly.