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Manitoba’s judiciary consists of the Court of Appeal, the Court of the Queen’s Bench, and the Provincial Court. The Provincial Court primarily hears criminal law cases. The Provincial Court hears 95% of criminal cases in Manitoba. The Court of the Queen’s Bench is the highest trial court in Manitoba. The Court of the Queen’s Bench has four jurisdictions:
The Court of Appeals hears appeals from both benches. Decisions by the Court of Appeals can be appealed to the Supreme Court of Canada.
Lawyers in Manitoba must practice law and represent clients professionally, honorably, and with integrity. Integrity is the fundamental quality of any Manitoba lawyer or member of the legal profession. If you have any doubt about your Manitoba lawyer’s trustworthiness, the essential element in a true attorney-client relationship is missing. Your lawyer’s usefulness will be damaged if integrity is lacking, regardless of how competent the lawyer may be.
Manitoba lawyers are encouraged to enhance the legal profession by sharing knowledge and experience with colleagues and students in day-to-day practice and through contributions to professional journals and publications. They are encouraged to support law school projects and participate in panel discussions, legal education seminars, bar admission courses, and university lectures. Manitoba lawyers are also encouraged to act as directors, officers, and members of local, provincial, national, and international bar associations. They may act as directors, officers, and non-profit or charitable organizations members.
If you are trying to find a lawyer in Manitoba, keep in mind that a lawyer has a general right to decline representation except when assigned as counsel by a court. Manitoba lawyers have the right to decline representation and may exercise this right prudently, particularly if the probable result of the case would make it difficult to represent you.
Generally, Manitoba lawyers should not decline a case merely because the person seeking legal services is unpopular or notorious or because powerful interests or allegations of misconduct or malfeasance are involved. A Manitoba lawyer’s private opinion about your guilt should not be considered. If you seek to find a Manitoba lawyer, and the lawyer declines to represent you, that lawyer should assist you in obtaining the services of another Manitoba lawyer who is qualified in your area of need.
In offering legal services, a Manitoba lawyer must not use means that:
If you have suffered a traumatic experience and have not recovered, you may need the professional assistance of a lawyer. A lawyer can represent you if one of your close friends or personal friends contacts the lawyer. A lawyer can also offer assistance to your close family.
Lawyers in Manitoba may market their professional services as long as the marketing is true, accurate, and verifiable. Manitoba lawyers cannot mislead, confuse, deceive potential clients. In Manitoba, marketing by lawyers is allowed as long as the marketing is in the public’s best interests and consistent with a high standard of professionalism.
Manitoba lawyers should not state an amount of money that they recovered for a client or refer to their degree of success in past cases unless the statement is backed up by a further statement. They should state that past results are not necessarily indicative of future results and that the amount recovered in cases vary from case to case. Manitoba lawyers cannot suggest qualitative superiority to other lawyers, raise expectations unjustifiably, suggest or imply aggressiveness, demean other people, groups, organizations, or institutions, take advantage of vulnerable people, or use testimonials containing emotional appeals.
Manitoba lawyers may advertise fees for their services as long as the advertisement is precise and states whether other amounts, such as disbursements or taxes, will be additionally charged. If a Manitoba lawyer advertises their fees charged, they must strictly adhere to the advertised fee in every applicable case.
A Manitoba lawyer has to raise every issue, advance every argument, and ask questions to help your case. This applies to court proceedings, appearances, and other dispute resolutions regardless of the function or formality of the procedure.
Your lawyer should not express their personal opinions on your case to a court. Your lawyer’s role is to fairly present the evidence on your behalf without asserting any personal knowledge of facts at issue.
Your lawyer must take particular care to be accurate and comprehensive in presenting your case to ensure the court is not misled. They should never waive or abandon your legal rights without your informed consent.
When finding a lawyer in Manitoba, keep in mind that your lawyer should avoid and discourage you from resorting to frivolous objections. Your lawyer should not attempt to harass the opposition in your case. Such practices can cause your reputation to take a hit.
A Manitoba lawyer has a duty to protect you from being convicted as far as possible, except by a court of competent jurisdiction and upon legal evidence that supports the offense with which you were charged. They cannot rely on any evidence or defenses they know to be false or fraudulent.
Your lawyer cannot abuse the court system by prosecuting or instituting claims that are motivated by malice on your part. Also, they cannot assist you with anything they consider dishonest or dishonorable. Your lawyer cannot appear before a judge while they have a close business or personal relationship that might influence the judge’s impartiality.
Lawyers in Manitoba cannot knowingly lie to the court or influence the course of justice by offering false evidence, misstating facts or law, relying upon false affidavits, or suppressing any fraud, crime, or illegal conduct. Manitoba lawyers cannot knowingly assert a fact as true when evidence cannot support its truth.
If you have a complaint against a Manitoba lawyer that involves discrimination or harassment, you can contact the Manitoba Law Society’s Equity Officer. The Equity Officer can provide you with information and advice on various options for addressing your concern. They also may be able to resolve or mediate the dispute informally. The Equity Officer is available to speak with you confidentially at no charge. Even if you speak with the Equity Officer, you can still file a formal complaint against a Manitoba lawyer. The Equity Officer cannot provide you with legal advice.
If your lawyer has treated you differently based on your race, color, ancestry, nationality, or ethnic background, you may have been discriminated against. Manitoba lawyers cannot discriminate against clients based on political belief, religion, marital status, family status, income, physical or mental disability, physical characteristics, age, sex, pregnancy, sexual orientation, or gender identity. The Code of Professional Conduct prohibits discrimination by Manitoba lawyers.
You can easily use LegalMatch to research the background of Manitoba lawyers before hiring them. LegalMatch provides contact information for pre-screened lawyers, as well as background information including:
Consider using LegalMatch’s services to find a lawyer in Manitoba today. There is no fee to schedule a consultation. LegalMatch’s services are guaranteed to be confidential.