Sharp practice or sharp dealing is a pejorative phrase to describe sneaky or cunning behavior that is technically within the rules of the law but borders on being unethical. [1] [2]
The term has been used by judges in Canada; in one case, a Canadian Construction Board gave an example of "sharp practice" for one party to "take advantage of a clear oversight by the opposite party in a proceeding." [3] According to another source, a Canadian court of appeal judgement, judges should not accuse counsel of sharp practice lightly and should generally not make such an accusation based solely on written submissions. [4] Likewise in R v Badger the Supreme Court of Canada forbade the government from engaging in "sharp dealing" with First Nations in implementing treaties.
A lawyer should avoid all sharp practice and should take no paltry advantage when an opponent has made a slip or overlooked some technical matter. A lawyer should accede to reasonable requests which do not prejudice the rights of the client or the interest of justice.
Sharp Practice Definition: Prohibited conduct by a licensed lawyer in taking, or attempting to take advantage of a slip or overlooked technical matter by the other side to litigation, and to agree to reasonable requests which either prejudice his client or the interests of justice.
Sharp practice or sharp dealing is a pejorative phrase to describe sneaky or cunning behavior that is technically within the rules of the law but borders on being unethical. [1] [2]
The term has been used by judges in Canada; in one case, a Canadian Construction Board gave an example of "sharp practice" for one party to "take advantage of a clear oversight by the opposite party in a proceeding." [3] According to another source, a Canadian court of appeal judgement, judges should not accuse counsel of sharp practice lightly and should generally not make such an accusation based solely on written submissions. [4] Likewise in R v Badger the Supreme Court of Canada forbade the government from engaging in "sharp dealing" with First Nations in implementing treaties.
A lawyer should avoid all sharp practice and should take no paltry advantage when an opponent has made a slip or overlooked some technical matter. A lawyer should accede to reasonable requests which do not prejudice the rights of the client or the interest of justice.
Sharp Practice Definition: Prohibited conduct by a licensed lawyer in taking, or attempting to take advantage of a slip or overlooked technical matter by the other side to litigation, and to agree to reasonable requests which either prejudice his client or the interests of justice.