Ethics and Criminal Law, 2/E (Essentials of Canadian Law) - Softcover

Layton, David; Proulx Hon, Michel

9781552213780: Ethics and Criminal Law, 2/E (Essentials of Canadian Law)

Softcover

ISBN 10: 1552213781 ISBN 13: 9781552213780

Publisher: Irwin Law, 2015

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Ethics and Criminal Law is a comprehensive survey of the ethical issues facing criminal lawyers. Topics covered include: defending a client known to be guilty; choosing and refusing clients; decision-making in criminal litigation; the duty of confidentiality and its exceptions; conflict of interest; client perjury; interviewing and preparing witnesses; plea discussions; handling incriminating physical evidence; termination of the client-lawyer relationship; and the special duties of Crown counsel.

The second edition provides an invaluable update, with hundreds of new case citations, references to the latest commentary, and analysis of the new codes of professional conduct from Canadian law societies. It also explores new topics including whether an implied undertaking attaches to criminal disclosure; the Lyttle requirement that cross-examinations be conducted in good faith; communicating with testifying witnesses; law office searches post-Lavallee; client confidentiality and new technology; the benefits and pitfalls of defence counsel contacting a complainant; the propriety of defence investigations that focus on confidential informants or involve trickery; withdrawing from a case pursuant to Cunningham; the proper role of Crown counsel at the investigative stage of a proceeding; the scope of prosecutorial discretion after Krieger and Anderson; and the impact of Nixon on Crown counsel's ability to repudiate a plea agreement.

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About the Author

David Layton obtained his LLB from Dalhousie Law School in 1987 and a master's degree in law from Oxford University in 1989. He clerked for the late Chief Justice Brian Dickson at the Supreme Court of Canada in 1990. David worked as defence counsel for over twenty years in Toronto and Vancouver before joining the British Columbia Ministry of Justice as an appeals prosecutor in 2014. He has taught courses at the University of British Columbia and the University of Victoria faculties of law on ethics and criminal law, and wrongful convictions. He is currently a member of the Law Society of British Columbia's disciplinary hearing panel pool.

Review

As with the first edition of Ethics and Criminal Law, Layton & Proulx's treatise continues to fill what would otherwise be a gap in legal ethics literature. The authors have, in this regard, managed to write a book that is highly conceptual and scholarly, while at the same time being pragmatic and prescriptive. Unlike some texts, this book is not a series of positivistic summaries of the "state of the law," but thoughtfully engages with the theoretical and normative underpinnings of the various ethical rules they discuss, whether they concern the defence of the factually guilty, the application of the "cab-rank rule," or the "lawyer-control model" of decision-making. [ . . . ] The second edition of Ethics and Criminal Law is a thought-provoking account of legal ethics that provides a vital reference for anyone involved in the practice or study of criminal law, be they judges, lawyers, scholars or students. Like the first edition, which has regularly been cited favourably by courts and regulators, the second edition of book not only offers guidance to practitioners, but will almost certainly contribute to the betterment of the professional and ethical standards that govern the legal profession in Canada.--Micah B. Rankin, 63 Crim. L.Q. 261-262 2017

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