Comment: Where the defence should never rest

[guest]

Behind the scenes, every plea bargain will be characterized by a number of ethical and legal duties imposed upon the defence lawyer. The lawyer owes these duties, variously to the client, the prosecutor, and ultimately, to the court. The Ontario Rules of Professional Conduct provide that, “before a charge is laid or anytime after a charge is laid, a lawyer for an accused or potential accused may discuss with the prosecutor the possible disposition of the case, unless the client instructs otherwise.”

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