Overview

In Canada, the Attorney General holds a complex and unique role within the federal, provincial, and territorial governments. Despite this key position, there is relatively little knowledge and understanding of the role and professional responsibilities of the Attorney General among the public, the media, policymakers, and politicians including at least some Attorney Generals themselves. Legal Ethics and the Attorney General adopts a doctrinal approach to examine and explain how legal ethics, and particularly the law of lawyering, applies to the Attorney General. The book illustrates that, while the role of the Attorney General is unique, the individual occupying this position practises law and should be held to the same standards as any other lawyer. It addresses common misconceptions: that the Attorney General is not truly a lawyer, that actions deemed wrongful for other lawyers may not be considered wrongful for the Attorney General, or that the accountability measures appropriate for lawyers do not apply to the Attorney General. Ultimately, Legal Ethics and the Attorney General reveals the importance of the accountability of the Attorney General, especially to the provincial and territorial law societies that serve as regulators of the legal profession. This accountability is essential not only for upholding the rule of law but also for enabling these societies to fulfil their statutory mandates to regulate the legal profession in the public interest.

Full Product Details

9781487554736

Table of Contents

Reviews

“Andrew Flavelle Martin has succeeded in writing a clear and concise account of the role of the Attorney General in Canada. This is a necessary and valuable book for scholars, government officials, and public policy makers. Legal Ethics and the Attorney General is highly readable, engaging, and insightful.” -- Adam Dodek, Professor and Dean Emeritus, University of Ottawa Faculty of Law “Andrew Flavelle Martin has made a valuable contribution to the field of legal ethics by exploring such issues as whether Attorneys General should be immune from discipline by law societies, and if so whether their immunity should be confined to acts in good faith in the execution of official functions. The value of the work is enhanced by thoughtful forewords by two prominent former Attorneys General, Allan Rock and Michael Bryant.” -- Gavin MacKenzie, <em>Author of Lawyers and Ethics: Professional Responsibility</em> and Discipline and former Treasurer, Law Society of Upper Canada “This thought-provoking book will appeal to many different readers. It is a careful reflection on the role of the Attorney General for democratic governance and the rule of law. The law of lawyering lens illuminates the importance of the legal role of the Attorney General. Reflections on accountability raise interesting questions of professional discipline and legislative accountability.” -- Malcolm M. Mercer, Chair, Law Society Tribunal of Ontario, and former Treasurer, Law Society of Ontario

Author Information

Andrew Flavelle Martin is an assistant professor in the Schulich School of Law at Dalhousie University.

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