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Module 2 of ICL 820 focuses on communication ethics and responsibilities in client interactions, emphasizing the importance of clear language in contracts and timely communication. It outlines specific obligations under the Code, including maintaining confidentiality and providing accurate information to clients. The module also includes case studies to apply these principles and tasks for students to complete, reinforcing the learning outcomes.

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2 views

Module2_TutorialPowerPoint.pptx- LG

Module 2 of ICL 820 focuses on communication ethics and responsibilities in client interactions, emphasizing the importance of clear language in contracts and timely communication. It outlines specific obligations under the Code, including maintaining confidentiality and providing accurate information to clients. The module also includes case studies to apply these principles and tasks for students to complete, reinforcing the learning outcomes.

Uploaded by

bhanubahra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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ICL 820: Ethics and

Professional
Responsibility
Module 2
Communication

The material in this presentation is copyrighted and is for the exclusive use of students registered in the GDipICL program at Queen's University. This presentation shall not be distributed or
disseminated to anyone other than students registered in the GDipICL program. Failure to abide by these conditions is a breach of copyright and may also constitute a breach of academic
integrity under the Queen's University Senate's Academic Integrity Policy Statement.
Recap of Module 1: Duties to
clients
The client deserves:
• Loyalty -undivided commitment to
their goals
• Competent and diligent help
• Quality services as per s 22(1) esp
meeting deadlines
You must:
• Keep client affairs confidential
• Avoid taking cases that would
conflict with other clients’ interests
• Be honest, candid, reliable,
trustworthy
Learning outcomes - Module 2
By the end of the Tutorial, you should be able to:
1. Appreciate the benefits of clear plain language in client
contracts and the benefits of reviewing them with clients
2. Identify key sections of the Code setting communication
obligations with clients and others
3. Review the accuracy of your own initial analysis of the
case studies; be confident you can answer all case study
questions
4. Distinguish between consultation agreements and service
agreements, and be aware of their basic requirements
Module 2: Communication Essentials —
What the Code says
s6
• Be honest and candid advising clients

s 22(1)(c)
• Communicate in timely and effective way

s 22(3)
• Keep client informed of status of their case

s 11
• Don't intimidate, harass, or coerce
Specific obligations (see full list in
Module)
s 22(3)(a) s 30(1) s 33(2) s 35(2) s 27
• Notify client • Fully inform • Include full • Inform the • Give a written
in writing client of your description of client if their opinion and
when errors or services or requests get the
anything is omissions if disbursement contain client’s
submitted or they cannot s in every something written
received readily invoice dishonest, consent to
be corrected fraudulent proceed if
or illegal the client has
a weak case
Best practices in client
communication

Client review Send client Respond Notify of Keep


• Ensure client asap • Answer all client refusal
reviews all • Forward all contact
secure
• Notify client
information • If you are busy, • Attend to
submitted in their
government immediately if
correspondence confirm receipt their case is security of
case e.g., forms and give
and letters . received asap anticipated date
refused – communicatio
remember that ns (Module 6)
of reply
time limits
running
Always be clear: Who is your
client?
Identify who your client is as the duties under the Code are owed to the client,
e.g., to advance their interest PLUS who you take instructions from.

The definition of a client in s 1(1) must always be used

Remember: Although a service agreement is needed, they are still a client if they
meet s1(1) - many discipline cases for not having the retainer agreement

Joint clients are owed every duty, equally – but must waive confidentiality with
co-clients on relevant matters affecting the file
In the legal sector, some
duties are owed to
potential clients; not
Maintain
strictly in our Code, but confidentiality
good to follow
These duties apply
before a written Be
consultation Avoid competent
agreement conflicts of with any
interest information
or advice
They apply
whether the client
spoke to you OR Be candid,
your staff honest
Mandatory consultation
agreements
Section 23:
• required for potential clients before the initial consultation
• much shorter than service agreements
• brief, but required contents in 23(2) eg:
• the purpose and scope of consultation
• fees
• regulator role

• in writing, signed by both parties and copied to potential client


even if free consultation - 23(2)(c)
Mandatory Service Agreements
Numerous detailed clauses in s 24(3):
Section 24 – Key section
• itemized list of precise services being provided
• fees, disbursements and payment terms
• 24(1) – Must have a written • estimated time frames
agreement • anyone assisting
• 24(3) – Contents of agreement • …and many more
• 24(3)(s) – Must be in English or Also must:
French
• send draft for review
• send client copy of Code of Conduct or link
to it
• amend service agreement in writing to
reflect changes
Ensure client understands
its contents
Best practices in service
agreements
Use Plain language
• Make sure each provision is clear; important to be clear when services
end
Develop Templates
• College will have template – Minimum
Make Adjustments
• Each service agreement must be tailored to the client’s situation and
facts. Develop yours for each type of category as a starting point and
continually improve it
Have a Meeting of the Minds
• Ensure each party understands and truly consents to all terms
Use Reflective Practice
• If something happens not covered in the contract, revise it for the
future
Case Study 1: Service Agreements

• Groups 1 and 2: Write a service


agrmt clause

• Groups 3 & 4: Identify additional


provisions important to include in
joint service agreements

• Groups 5 & 6: Identify some key


benefits of including provisions for
clients to meet and give at least
three concepts important to include
as client obligations in every
contract.
Case study 2 – Confidentiality
(Leena hired Zainab)
Leena’s friend Maria calls Zainab to
request update on Leena’s file
• Groups 1 and 2: How to handle?

Another client, Deghan, inadventently


sees Leena’s file folder

• Groups 3 and 4: Steps with


Deghan?
• Groups 5 and 6: Steps with Leena?
Case Study 3: Terminating?
(Monica and Pedro)

Groups 1 and 2: Can Monica end her service


agreement with Pedro?

Groups 3 and 4: How could Monica have prevented


this unfortunate situation?
Groups 5 and 6: What is “mandatory termination” &
imagine a fact situation where it could apply here
Tasks due for this module
• Reflective Journal #1 due at end of this week (Monday 11:59 ET)
• See prompts for ideas in Modules 1 and Module 2 (or can choose own – on related topic) 300-400
words; put Word count on bottom; these are not graded but form part of the Engagement grade.

• Knowledge Checks – due Sunday 11:59 ET

UPCOMING:
• Mid-term Quiz instructions after Week 3 – 20% of final grade on Modules 1-3
• Office hours to go over any case studies or Knowledge Checks not clear to you

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