Code of Professional Conduct Chapter 14

Lawyers should make legal services available to the public in an efficient and convenient manner that will command respect and confidence, and by means that are compatible with the integrity, independence and effectiveness of the profession.¹

1. It is essential that a person requiring legal services to able to find a qualified lawyer with a minimum of difficulty or delay. In a relatively small community where lawyers are well known, the person will usually be able to make an informed choice and select a qualified lawyer in whom to have confidence. However, in larger centres these conditions will often not obtain. As the practice of law becomes increasingly complex and many individual lawyers restrict their activities to particular fields of law, the reputations of lawyers and their competence or qualification in particular fields may not be sufficiently well known to enable a person to make an informed choice. Thus one who has had little or no contact with lawyers or who is a stranger in the community may have difficulty finding a lawyer with the special skill required for a particular task. Telephone directories, legal directories, and referral services may help find a lawyer, but not necessarily the right one for the work involved.² Advertising of legal services by the lawyer may assist members of the public and thereby result in increased access to the legal system. Subject to the Rules of The Law Society of Saskatchewan, the lawyer may, therefore, advertise legal services to the general public.

2. Despite the lawyer's economic interest in earning a living, advertising, direct solicitation or any other means by which the lawyer seeks to make legal services more readily available to the public must comply with any rules prescribed by The Law Society of Saskatchewan, must be consistent with the public interest and must not detract from the integrity, independence or effectiveness of the legal profession. They must not mislead or arouse unattainable hopes and expectations, because this could result in distrust of legal institutions and lawyers. They must not adversely affect the quality of legal services, nor must they be so undignified, in bad taste or otherwise offensive as to be prejudicial to the interests of the public or the legal profession.

3. The lawyer who is consulted by a prospective client should be ready to assist in finding the right lawyer to deal with the problem. If unable to act, for example because of lack of qualification in the particular field, the lawyer should assist in finding a practitioner who is qualified and able to act. Such assistance should be given willingly and, except in very special circumstances, without charge.⁴

4. The lawyer may also assist in making legal services available by participating in legal aid plans and referral services, by engaging in programs of public information, education or advice concerning legal matters, and by being considerate of those who seek advice but are inexperienced in legal matters or cannot readily explain their problems.

5. The lawyer has a general right to decline particular employment (except when assigned as counsel by a court) but it is a right the lawyer should be slow to exercise if the probable result would be to make it very difficult for a person to obtain legal advice or representation. Generally speaking, the lawyer should not exercise the right merely because the person seeking legal services or that person's cause is unpopular or notorious, or because powerful interests or allegations of misconduct or malfeasance are involved, or because of the lawyer's private opinion about the guilt of the accused. As stated in commentary 4, the lawyer who declines employment should assist the person to obtain the services of another lawyer competent in the particular field and able to act.⁵