Yesterday, we were privileged to interview Brett Wilson regarding his views on the Magna Carta, and the effect it had on both the government and individuals.
The Magna Carta laid the groundwork for countless modern policies, attitudes, and moral and ethical standards. More specifically, Clause 45 of the 1215 Magna Carta may be seen as the first codification of ethical obligations of those practicing law: “we will appoint as justices, constables, sheriffs, or other officials, only men that know the law of the realm and are minded to keep it well”. Currently, the Alberta Law Society regulates legal professionals within the province by setting compulsory standards and directive guidelines. Essentially, lawyers regulate lawyers in Alberta (and all other provinces also follow the same method). But what are the ethical standards that lawyers must adhere to?
Lawyers in Alberta must adhere to the Code of Conduct, and violations of the Code can lead to both formal and informal sanctions [1]. Lawyers do not only have obligations to their clients – but also to other lawyers and the legal profession, to the general public and society, and to themselves. Similar to the obligation in the 1215 Magna Carta which required lawyers to be knowledgeable of the law, lawyers today must be competent and provide a standard of service that at least matches other lawyers in similar situations. As well, lawyers today are “minded to keep [the law] well”, in that they are expected to maintain awareness of developments in the law. While perfection isn’t expected, lawyers must understand both legal principles and how those principles are to be effectively applied. Above all else, lawyers are expected to act with integrity to ensure the legal profession sustains an honorable reputation.
Although the Alberta Code of Conduct is lengthier than Clause 45 of the Magna Carta, the basic standards found in the Magna Carta have been maintained, and new rules have since been codified in order to preserve the integrity of the practice of law.
[1] http://www.lawsociety.ab.ca/lawyers/regulations/code.aspx
