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.

About the Authors

David Layton 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.

Hon. Mr Justice Michel Proulx (1939-2007) was a member of the Court of Appeal of Quebec from 1989 until 2004. Prior to his appointment, he had a distinguished litigation practice, mainly in criminal law, from 1963 to 1989.

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