What is the standard for a law society to sanction a lawyer for making allegations that they have a sincerely held but mistaken legal position?
Canada (Federal), Canada
The following excerpt is from Groia v. Law Society of Upper Canada, [2018] 1 SCR 772, 2018 SCC 27 (CanLII):
I share the interveners’ concerns that law societies should not sanction lawyers for sincerely held but mistaken legal positions or questionable litigation strategies. Nonetheless, in my view, the Appeal Panel’s standard withstands scrutiny. Allegations that impugn opposing counsel’s integrity must not be made lightly. A reputation for integrity is a lawyer’s most important professional asset. It generally takes a long time to build up and it can be lost overnight. Courts and legal commentators have emphasized the importance of a lawyer’s reputation. In Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130, at para. 118, Cory J. put it this way: The reputation of a lawyer is of paramount importance to clients, to other members of the profession, and to the judiciary. A lawyer’s practice is founded and maintained upon the basis of a good reputation for professional integrity and trustworthiness. It is the cornerstone of a lawyer’s professional life. Even if endowed with outstanding talent and indefatigable diligence, a lawyer cannot survive without a good reputation.
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