Interviewing and counseling about moral differences 1


Podcast and Video length : 22 mins. Live Webinar Length : 35 mins

Read the CPD info below to learn whether you may earn credit for this course. In BC and MB some situations have test requirements.

  • Three methods for determining morality of an action
  • Two ways to judge lawyers
  • Moral dilemmas
  • Eight examples of moral differences between lawyers and clients
  • Morality and the duty of candour
  • Morality and the duty of competence
  • Morality and withdrawal
  • In greater detail:
  • The problem arising when you have moral concerns about your client’s proposed objective.
  • Understanding the consequentialist, deontological, and virtues tests that you or your client may be using when assessing the morality of proposed objectives.
  • The problem of different consequences being considered with the consequentialist test.
  • The problem of different rule sets being used with the deontological test.
  • The problem of different weighting of different virtues with the virtues test.
  • The problems of the lawyer and client using different tests to reach contradictory conclusions or the same test to reach contradictory conclusions.
  • The evolution of the generally accepted principles of professional conduct due to movement from the traditional approach of judging lawyers by the quality of their representation to a more recent approach of judging lawyers by the causes for which they advocate.
  • The reason the moral decisions of lawyers and clients, rather than those of the courts, are the important decisions in most matters.
  • Eight concrete examples of moral differences arising between lawyers and clients.
  • Interpretation of, and ambiguity in, Honesty and Candour provision 3.2-2 of the Federation of Law Societies of Canada’s Model Code of Professional Conduct.
  • Is the meaning of “in the matter” in Commentary 1.1 to Code provision 3.2-2 limited to strictly legalistic matters or does it also include moral matters and how the client would be perceived in the community?
  • Is the lawyer’s knowledge of moral matters and how the client would be perceived in the community the type of “information known to the lawyer” that is contemplated by Commentary 1.1 to Code provision 3.2-2?
  • Interpretation of, and ambiguity in, Commentary 10 to Competence provision 3.1-2 of the Federation of Law Societies of Canada’s Model Code of Professional Conduct.
  • The limitation of Commentary 10 to Code provision 3.1-2 to situations of request or expectation.
  • Are moral questions “non-legal matters such as the business, economic, policy or social complications involved in the question or the course the client should choose” referred to in Commentary 10 to Code provision 3.1-2?
  • Conflict between Code provision 3.2-2’s duty to inform and the Code provision 3.1-2, Commentary 10 limitation to situations of request or expectation.
  • The Code provision 3.1-2 Commentary 10 duty to point out lack of qualifications regarding morality and to distinguish legal advice from other advice.
  • Considering moral questions early in matters to avoid limitations on the ability to withdraw imposed by the Codes of Conduct.
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Cory Lewis, B.A., LL.B., LL.M., C.A.E., is a regulatory and commercial attorney with experience in Canadian multi-level marketing and direct selling law, Manitoba real estate, Canadian trade-marks and incorporation since 1985.

Groundpaperbits.com Accreditation Information

This document is updated as accreditation applications are submitted, as responses are received, and as we learn of changes to jurisdictional rules.

You are solely responsible for confirming the accuracy of these jurisdictional rules for your jurisdiction.

Accreditation jurisdictions (status shown in chart below)

Only BC, NB, and SK require accreditation of all courses.

ON requires accreditation of Professionalism topics but not Substantive topics. ON limits CPD hours via video and podcast to 6 hours per year.

BC, NB, and ON accreditation usually takes 30 days from submission.

SK accreditation requires the lawyer to check the database to learn whether the course is accredited and, if not, ask the law society to accredit it. Course providers may not request accreditation and SK does not notify us when they accredit. So, call Linda Euteneier at the law society (306) 569-8242 and she will address accreditation.

Non-Accreditation jurisdictions

Each of AB, MB, NL, NS, and PE have their own subject matter list of what may qualify for CPD and let the individual lawyers make the initial determination of whether a course qualifies. The law societies reserve final say on whether a course qualifies.

Format hour limits

ON limits CPD hours via pre-recorded video and pre-recorded podcast to 6 hours per year.

PE limits CPD hours via pre-recorded video and pre-recorded podcast to 4 hours out of 24 every two years.

Test requirements

MB requires lawyers to take tests to earn CPD credit from pre-recorded formats such as videos and podcasts.

BC requires lawyers to take tests to earn CPD credit from pre-recorded formats such as videos and podcasts if viewing or listening alone without another lawyer/articling student attended the archived Webcast session.

Here is the accreditation status of our courses:

V = video format

P = podcast format

W = live webinar format

If you don't see the accreditation document below or if you can't scroll to read all of it, click here to go to the document via a new browser window or tab.

Course BC NB ON
Interviewing and counseling about moral differences V = Yes . 33 hrs Prof resp & ethics
P = Yes . 33 hrs Prof resp & ethics
W = not submitted
V = Yes .5 hrs
P = Yes .5 hrs
W = Yes .5 hrs
V = Yes .33 Hrs. Professionalism
P = Yes .33 Hrs. Professionalism
W = Yes .5 Hrs. Professionalism
Interviewing and counseling design and decor Not accredited as not among allowed topics. Not accredited as not among allowed topics. V = Yes .33 Hrs. Professionalism
P = Yes .33 Hrs. Professionalism
W = Yes .5 Hrs. Professionalism
Interviewing with open-ended questions V = Yes .33 hrs of Lawyer Skills
P = Yes .33 hrs of Lawyer Skills
W = not submitted
V = Yes .5 hrs
P = Yes .5 hrs
W = Yes .5 hrs
V = Yes .33 Hrs. Professionalism
P = Yes .33 Hrs. Professionalism
W = Yes .5 Hrs. Professionalism
Negotiation: Interests, issues, positions V = Yes .45 hrs of Lawyer Skills
P = Yes .45 hrs of Lawyer Skills
W = Yes .75 hrs of Lawyer Skills
V = Yes .5 hrs
P = Yes .5 hrs
W = Yes 1 hr
This program may be eligible toward the Law Society's CPD Requirement as Substantive Hours. Please note that this program is not accredited for Professionalism Hours
Negotiation: Beyond interests, issues, positions V = Yes .54 hrs of Lawyer Skills
P = Yes .54 hrs of Lawyer Skills
W = Yes .83 hrs of Lawyer Skills
V = Yes .5 hrs
P = Yes .5 hrs
W = Yes 1 hr
This program may be eligible toward the Law Society's CPD Requirement as Substantive Hours. Please note that this program is not accredited for Professionalism Hours
Negotiation: Alternatives 1 V = Yes .4 hrs of Lawyer Skills
P = Yes .4 hrs of Lawyer Skills
W = Yes .58 hrs of Lawyer Skills
V = Yes .5 hrs
P = Yes .5 hrs
W = Yes .5 hrs
This program may be eligible toward the Law Society's CPD Requirement as Substantive Hours. Please note that this program is not accredited for Professionalism Hours
Negotiation: Alternatives 2 V = Yes .3 hrs of Lawyer Skills
P = Yes .3 hrs of Lawyer Skills
W = Yes .58 hrs of Lawyer Skills
V = Yes .5 hrs
P = Yes .5 hrs
W = Yes .5 hrs
This program may be eligible toward the Law Society's CPD Requirement as Substantive Hours. Please note that this program is not accredited for Professionalism Hours
Negotiation: Alternatives 3 V = Yes .3 hrs of Lawyer Skills
P = Yes .3 hrs of Lawyer Skills
W = Yes .58 hrs of Lawyer Skills
V = Yes .5 hrs
P = Yes .5 hrs
W = Yes .5 hrs
This program may be eligible toward the Law Society's CPD Requirement as Substantive Hours. Please note that this program is not accredited for Professionalism Hours