What sort of oath should we say upon being called to the bar? Until recently, the question hadn’t come up. For the past hundred years, lawyers in Ontario have uttered virtually the same oath upon joining the profession. Last year, when new legislation was introduced to regulate paralegals, the Law Society took the opportunity to create a more modern oath that would be appropriate for both lawyers and paralegals. This got lawyers up in arms – not only because it was a change to a long-standing tradition, but also because lawyers didn’t want to be sharing their oath with the newly-regulated paralegals. (See my editorial on this topic in the summer 2008 edition of Precedent).
Thus, a committee was struck. The Working Group on the Lawyers’ Oath of Office presented a proposal last week to Convocation with new and improved wording for the oath. As can be expected, when the weight of a century of tradition collides with the pressure to address modern realities and a more inclusive concept of the law, the drafters tread a very careful line. As was to be expected the proposal generated debate and was ultimately referred back to the committee.
Here’s what was proposed:
In accepting the honour and responsibility of life
in the profession of law, I promise that I will, in
good faith, safeguard justice by recognizing and
respecting the dignity of the court and the
importance of the client’s cause, however
unpopular. I will accord civility, fairness and
candour to all.At all times, and with my whole heart, I will
champion the rule of law through diligent effort,
whether in court or not, on behalf of all persons,
whether powerful or frail, envied or despised,
through strict adherence to the rules that govern
members of our profession.
So help me God. (I do so affirm.)
Current Oath (that caused all the commotion):
I swear (or affirm) that I will conduct all matters and
proceedings diligently and faithfully and to the best of my
knowledge and ability. I will not seek to destroy any
person’s property. I will not promote suits upon frivolous
pretences. I will not pervert the law to favour or prejudice
any person. In all things, I will conduct myself truly,
honestly and with integrity. I will abide by the standards
and rules governing the practice of law in the Province of
Ontario. I will seek to improve the administration of
justice. I will uphold the rule of law and I will uphold the
interests, rights and freedoms of all persons according to
the constitution and the laws of Canada and of the Province
of Ontario.
Old Oath (that went virtually unchanged for the past 100 years):
You are called to the Degree of Barrister-at-law to protect
and defend the rights and interests of such citizens as may
employ you. You shall conduct all cases faithfully and to
the best of your ability. You shall neglect no one’s interest
nor seek to destroy any one’s property. You shall not be
guilty of champerty or maintenance. You shall not refuse
causes of complaint reasonably founded, nor shall you
promote suits upon frivolous pretences. You shall not
pervert the law to favour or prejudice any one, but in all
things shall conduct yourself truly and with integrity. In
fine, the Queen’s interest and the interests of citizens you
shall uphold and maintain according to the constitution and
law of this Province. All this you do swear to observe and
perform to the best of your knowledge and ability. So help
you God. (or you so affirm.)