Code of Professional Conduct

Foreward

A Code of Professional Conduct plays an important role in the legal profession's right of self-governance, and gives expression to the profession's commitment to integrity, impartiality, competence, and the public interest. However, standards of professional conduct must evolve to address changing societal values and the tensions which exist between the profession of law and the business of a legal practice. For this reason, at Benchers' request, in 1995 the Code of Ethics Review and Revision Committee began a thorough review and comparison of the 1974 CBA Code then in use with the more recent 1987 CBA Code.

Sixteen months of comparison and discussion followed, and in June, 1997, the Committee presented its completed deliberations to Benchers with the recommendation to adopt, with several changes, the 1987 CBA Code. In making its recommendation to Benchers, the Committee noted that the 1987 Code contains a number of improvements over its predecessor, including major revision to the rule governing conflict of interest and a new rule on public appearances and public statements by lawyers. The most notable change made by the Committee was the inclusion of a new Chapter XX, Non-Discrimination. The new Chapter sets a standard of non-discrimination for lawyers in professional employment, in the provision of professional services, and in professional dealings with lawyers and others.

Following the further review of the Committee's proposals by the Act and Regulations Committee, and one additional change, at the Winter Term Convocation, 1998, Benchers approved the adoption of the proposed Code. The date for adoption was later fixed at June 4, 1999.

In closing, we would like to acknowledge the hard work over many months by the Code of Ethics Review and Revision Committee, and the Professional Staff and Technical Staff, in bringing this project to completion. It is important to acknowledge also that the success of this project to completion. It is important to acknowledge also that the success of this project would not have been possible without the prior work of the Special Committee of the Canadian Bar Association which produced the 1987 Code. Without the committment of time and expertise by the volunteers on these Committees, the Law Society and its members would be disadvantaged in the role of self-governance.

Augustus G Lilly, QC, Chair J David B Eaton, Treasurer
Code of Ethics Review and The Law Society of
Revision Committee Newfoundland

St. John's, Newfoundland, May 12, 1999

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