Symposium 2021 - What Exactly Can You Say In and About a Lawsuit: Mapping the Borders of Professional Conduct (Ethics)

The recent Manitoba Court of Appeal decision in Hirsted v. Law Society of Manitoba and United States Federal Court decision in King v. Whitmer regarding the conduct of counsel in the prosecution of claims raise interesting issues as to what can, and cannot, be said inside and outside of a lawsuit in Canada. This ethics seminar will canvass the following topics:

• The evidentiary basis and particulars required for pleadings under the rules of court and Code of Conduct

• The lawyer’s obligation to perform due diligence in proffering affidavit evidence and witness testimony at trial

• The boundaries and governance of professional conduct in litigation both inside and outside the courtroom

• The types of statements that can (and should) be made about a lawsuit outside of court, including statements to the media

• The nature and scope of privilege that may protect statements in legal proceedings from defamation claims

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