Ethics Case Assignment
This assignment includes 2 parts.
Part 1 (5 pages essay paper):
Detailed Instructions:
Using CanLII, Quicklaw or Westlaw find a disciplinary hearing decision from the Law Society Tribunal. The decision should be no more than ten years old. Ideally, you should choose a case that is not on consent. The matter can involve a lawyer or a paralegal. (please see the uploaded case below.pdf.)
The decisions are from COSTS on page 8 and ORDER on page 10:
When you sign up, you will be choosing whether to present during Week 12 or 13. In the comment section you must indicate the full name and citation for the case you have chosen.
YOU MUST INCLUDE A FULL PROPER LEGAL CITATION FOR YOUR CASE AT THE TOP OF THE WRITTEN PORTION. YOUR ASSIGNMENT WILL NOT BE MARKED IF THAT IS MISSING.
Written:
You will write a case brief using the format we have used in class (but using full paragraphs and sentences!):
- Purpose - What is the nature of the proceedings (i.e. a motion for document production, a disciplinary hearing, a penalty hearing etc.)
- Facts � What are the facts that the Tribunal relies on when making its decision?
- Issue(s) � State the issue(s) in the form of a question(s)
- Legal Analysis � How did the Tribunal come to its decision? Include ALL of the primary and secondary sources that the Tribunal relied upon (and for what purpose they relied upon each). Note that your case MUST cite other cases. If it does not � choose another one!
- Ratio Decidendi � What is the legal principle(s) that can be taken from the case?
- Decision/Disposition � How did the Tribunal dispose of the case (i.e. they made a finding of professional misconduct, they dismissed a motion, they assessed a penalty of three months suspension etc.)
Please read the uploaded 8 lecture files (ppts) to know the relative knowledge.
Remember, cite the sources by using McGill Guide Citation format:
https://guides.library.queensu.ca/legalcitation-mcgill-9th
Part 2 (2 pages scripts, no ppt slides are needed, just write scripts that for presenting):
Choose a side to represent in your matter (either the lawyer/paralegal or the Law Society). You will present a 4-6 minute submission (i.e. closing statement) for your case. You do not need to do any outside research � you can argue based on the law that is in your decision. You may do additional research if you wish but if you do, please provide a list of citations before you begin your presentation (note � no such list is required if you do not go beyond the law in your case). You will be interrupted with questions by Judge Shulman during your presentation.
You will be cut off (told to wrap up the point you are making) at 6 minutes. There will be penalties for presentations that are under 4 minutes (see Marking Guidelines).
