Sharp practice

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.

References

^ "Professional Conduct Handbook - Chapter 1 - Canons of Legal Ethics | The Law Society of British Columbia". www.lawsociety.bc.ca. The Law Society of British Columbia. Archived from the original on 2016-05-01. Retrieved 2017-01-28. 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". www.duhaime.org. Archived from the original on 2016-04-12. Retrieved 2017-01-28. 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.
^ Construction Workers Local 53 v. Fahringer Mechanical Contractors Limited (2001), CanLII 3504 (ON L.R.B.)
^ Kelly v. Dosch (2005), CanLII 8669 (ON C.A.)

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[1] "Professional Conduct Handbook - Chapter 1 - Canons of Legal Ethics | The Law Society of British Columbia". www.lawsociety.bc.ca. The Law Society of British Columbia. Archived from the original on 2016-05-01. Retrieved 2017-01-28. 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.

[2] "Sharp Practice Definition". www.duhaime.org. Archived from the original on 2016-04-12. Retrieved 2017-01-28. 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.

[3] Construction Workers Local 53 v. Fahringer Mechanical Contractors Limited (2001), CanLII 3504 (ON L.R.B.)

[4] Kelly v. Dosch (2005), CanLII 8669 (ON C.A.)

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v t e Miscarriage of justice
Types of misconduct	Prosecutorial misconduct Police misconduct Police corruption Selective prosecution Malicious prosecution Selective enforcement Abuse of process Attorney misconduct Bad apples Abuse of discretion Entrapment False arrest Gaming the system Legal malpractice Kangaroo court Show trial Sharp practice Jury tampering Witness tampering Brady disclosure Spoliation of evidence Civil wrong
False evidence	False confession Forced confession False accusation Rape Child sexual abuse Police perjury Mistaken identity Eyewitness memory Eyewitness identification Cross-race effect Misinformation effect Tampering with evidence Frameup
Wrongful convictions	List of wrongful convictions in the United States List of exonerated death row inmates List of miscarriage of justice cases Overturned convictions in the United States Wrongful execution
Advocacy	Innocence Project National Registry of Exonerations Investigating Innocence
Contributing factors	Race in the United States criminal justice system Innocent prisoner's dilemma Blue wall of silence Racial profiling Loophole Ineffective assistance of counsel Prosecutor's fallacy
Norms and remedies	Legal ethics Exculpatory evidence Right to a fair trial Actual innocence Equal Protection Clause Innocence Protection Act
Related concepts	Capital punishment in the United States Batson v. Kentucky List of death row inmates in the United States
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Sharp practice

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References