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Courses/Law/Professional Responsibility (Professionalism)

Ethical Considerations in Plea Discussions

Entering and negotiating plea discussions: Advising a client to support their best interests

Created byIrwin Law
4.4
(18 reviews)
IntermediateUpdated Jun 1, 2025
Ethical Considerations in Plea Discussions

What You'll Learn

check_circleIdentify ethical duties in plea talks.
check_circleAdvise clients on plea consequences.
check_circleRespect client freedom in plea choice.
check_circleHandle innocent clients seeking plea.
check_circleMaintain candor in negotiations.
check_circleRecognize judge role in plea deals.

About This Course

Explore the complex and critical ethical landscape of plea discussions in criminal law. This course delves into the fundamental duties of defense counsel when advising clients on this pivotal decision point, balancing the client's constitutional right to choose their plea with counsel's obligation to provide competent, informed, and candid advice.

  • Understand the significance of plea discussions in the modern justice system and counsel's central role.
  • Analyze the ethical duties of loyalty and competence in the plea negotiation process.
  • Examine the preconditions for a valid guilty plea, the judge's role, and the legal facets of entering a plea.
  • Learn how to effectively inform and advise clients on the merits of the case, potential outcomes, consequences, and benefits of a guilty plea based on thorough investigation.
  • Navigate challenging scenarios, including communicating Crown offers, dealing with agreed statements of fact, and representing clients who maintain innocence while wishing to plead guilty.
  • Explore ethical considerations regarding negotiation conduct, documenting instructions, honoring plea agreements, and potential withdrawal from representation.
  • Appreciate the duty to the public interest and avoiding misleading the court or Crown.

Gain essential insights to confidently and ethically guide clients through the plea discussion process, ensuring professional responsibility and the client's best interests are upheld in this vital aspect of criminal practice.

Your Instructors

Irwin Law
Irwin Law

https://twitter.com/irwinlaw

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star1,137 reviews

Books on law do not need to be difficult, dull, and costly. At Irwin Law Inc., our aim is to produce books of exceptional quality at affordable prices. We are determined to produce books that are modern, lively, and interesting, as well as clearly organized and attractively designed, at prices substantially lower than our competitors. Indeed, our books are accessible to students and legal practitioners alike, while maintaining the highest standards of excellence. As Canada's youngest law publisher, Irwin Law brings an innovative approach and fresh ideas to legal publishing. The company was established in 1996 - very recently in an industry whose roots go back to 1855. At its inception, Irwin Law Inc. was affiliated with the Stoddart Publishing Group. In 1999, Irwin Law was purchased by Quicklaw, Canada's leading online legal research service. The purchase was a natural, as Irwin Law had been among the first publishers to make its books available on the online database. However, when Quicklaw was purchased by LexisNexis Group in July 2002, Irwin Law needed to find new owners. The company was purchased by a small group led by Irwin Law's founding publisher, Jeffrey Miller. From its beginning, Irwin Law has strived to publish books that do more than outline the current state of the law. They analyze the complex issues of the day in a succinct and readable style and in a manner that is probing and thoughtful. Our books are accurate, comprehensive, and up-to-date. Indeed, all manuscript submissions are subject to peer review and our authors are among the leading law practitioners and professors in Canada and the world. Irwin Law brings to the marketplace books that whet the reader's curiosity, challenge established tradition, and create intellectual excitement.

David  Layton & Michel Proulx
David Layton & Michel Proulx

David Layton obtained his LLB from Dalhousie Law School in 1987 and a master’s degree in law from Oxford University in 1989. He clerked for the late Chief Justice Brian Dickson at the Supreme Court of Canada in 1990. David worked as defence counsel for over twenty years in Toronto and Vancouver before joining the British Columbia Ministry of Justice as an appeals prosecutor in 2014. He has taught courses at the University of British Columbia and the University of Victoria faculties of law on ethics and criminal law, and wrongful convictions. He is currently a member of the Law Society of British Columbia’s disciplinary hearing panel pool. // Hon. Mr. Justice Michel Proulx (1939–2007) was a member of the Court of Appeal of Quebec from 1989 until 2004. Prior to his appointment, he had a distinguished litigation practice, mainly in criminal law, from 1963 to 1989. He also served as an adjunct professor of law at McGill University from 1967 to 1989. After leaving the bench, Michel was a partner at Davies Ward Phillips & Vineberg.

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What Students Are Saying

4.4
Student's Choice
18 reviews

Frequently Asked Questions

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