Sentences with phrase «clients obtain legal advice»

If you are a licensee representing foreign buyers in Greater Vancouver, you should recommend that your clients obtain legal advice about any property transfer tax issues.

Clients obtain legal advice, not to win a legal proceeding, but to ultimately achieve an outcome or result that enables them to conduct their business.

Communications between «the various legal advisers of the client» with a view to the client obtaining legal advice or assistance will generally be privileged.

Any information that we provide concerning the law of another jurisdiction is subject to a client obtaining legal advice from counsel in that jurisdiction.

Not exact matches

Amazon, in response, invoked a shield known as attorney - client privilege, which allows parties to withhold information that was obtained while seeking legal advice.

The presence of someone who shares a common legal interest, «interprets,» helps the attorney and client communicate, or whose presence is necessary for the client to obtain legal advice usually does not destroy the attorney client privilege.

In Keefer it was found sending documents created outside the client lawyer relationship and not for the purpose of obtaining legal advice did not make them privileged documents.

In determining the solicitor - client privilege question, Gaul referred to the Supreme Court of Canada's 1980 decision in Solosky v. the Queen drawing upon a definition that confidential communications between a solicitor and client that was inputted into obtaining legal advice was protected, unless that protection was waived.

increased costs of legal and operational compliance, including any additional capital and compliance costs passed on by dealers to their end user clients and any direct costs incurred by end users for record - keeping, reporting and clearing as well as for obtaining legal and accounting advice

Interestingly, in 2007, the Court of Appeal left open the possibility in Skandinaviska Enskilda Banken AB (Publ), Singapore Branch v Asia Pacific Breweries (Singapore Pte Ltd) 3 that a dominant purpose test could potentially apply to a third - party report prepared to enable the client to obtain legal advice.

The term «client» is narrowly defined under English law, and includes only individuals within a client entity who are authorised to obtain legal advice on that entity's behalf, rather than any and all employees of the client entity.

In Upjohn Co. v. United States, 6 the United States Supreme Court held that a company's attorney — client privilege extends to company counsel's communications with employees in certain prescribed circumstances.7 Rather than providing a simple objective test, the Upjohn court instead established five factors to guide courts in determining whether the company's privilege should extend to counsel's communications with its employees: (1) whether the communications were made by employees at the direction of superior officers of the company for the purpose of obtaining legal advice; (2) whether the communications contained information necessary for counsel to render legal advice, which was not otherwise available from «control group» management; (3) whether the matters communicated were within the scope of the employee's corporate duties; (4) whether the employee knew that the communications were for the purpose of the company obtaining legal advice; and (5) whether the communications were ordered to be kept confidential by the employee's superiors, including that the communications were considered confidential at the time and kept confidential subsequent to the interview.8 When these elements are established, courts generally consider communications between company counsel and an employee to be within the scope of the company's attorney — client privilege.9

The information contained on this website is not provided in the course of an attorney - client relationship and is not intended to constitute legal advice or to substitutefor obtaining legal advice from an attorney licensed in your state.

Further, if solicitor ‑ client privilege will be asserted, the employer should ensure that the information and materials are provided to counsel in order to obtain legal advice.

If you are affected by any of these issues or if you have another workplace matter that can benefit from obtaining legal advice it is advantageous to seek a law firm that only represents clients with employment and labour law matters.

The Claimants relied on the leading authority for legal advice privilege, Three Rivers (No. 5), in which the Court of Appeal had concluded that, in a corporate context, information gathered from an employee is no different from information obtained from third parties, even if the information is collected by or in order to be shown to a solicitor to enable fully informed advice to be given to that solicitor's client.

«Unlike other CFAs, the Agreement does not state that the client has been advised to obtain independent legal advice before signing the CFA,» said Faieta.

[A] ll communications between a solicitor and his client relating to a transaction in which the solicitor has been instructed for the purpose of obtaining legal advice will be privileged, notwithstanding that they do not contain advice on matters of law or construction, provided that they are directly related to the performance by the solicitor of his professional duty as legal adviser of his client.

If the larger purpose of the instruction is the obtaining of legal advice, the question in respect of any given communication is simply whether it relates directly to the lawyer's performance of his duty as the client's legal adviser.

Your receipt or transmission of information does not create an attorney - client relationship and can not substitute for obtaining legal advice from an attorney.

Take the time to discuss important information such as the client's marital status to determine whether the consent of a spouse — or any other person with an unregistered interest in the property — needs to be obtained, or whether the spouse needs to be sent for independent legal advice (depending on the nature of the transaction).

In contrast to the duty of confidentiality, the attorney - client privilege is the evidentiary principle that confidential communications between attorneys and their representatives and clients and their representatives and even prospective clients that are made for the purpose of obtaining or rendering legal advice, and not in furtherance of a crime or fraud, can not be compelled.

Nevertheless, all this should mean little in the face of the practical need for lawyers to obtain quick in - house legal advice on client matters to help ensure compliance with their ethical and legal obligations.

Some of these earlier cases, like Stock, also relied on the «fiduciary exception» to the attorney - client privilege, which states that «where a trustee, acting on behalf of his fiduciaries, uses trust funds to obtain legal advice regarding a trust matter, «the beneficiaries [are] the «real clients» of the attorney who *** advised the trustee on trust - related matters,» and therefore the «attorney - client privilege properly belong [s] to the beneficiaries rather than the trustees.

For legal entities, the definition of a «client» is limited to persons that legally represent the entity (based on the legal entity's charter), or are empowered by the entity to seek and obtain advice on behalf of the legal entity.

Rise's students obtain temporary articles with the Law Society of British Columbia so that they may provide legal advice, assist with unbundled legal services, and in some cases represent clients in court.

The information you obtain from this site is not, nor is it intended to be legal advice, and no attorney - client relationship is or can be formed.

In Canada (Attorney General) v. Chambre des notaires du Québec, the CRA issued to various Quebec notaries (who give legal advice) «requirements» under section 231.2 of the federal Income Tax Act for the purpose of obtaining information and or documents pertaining to their clients for CRA's tax collection or audit purposes.

Confirming the privilege is for the client to waive, should she (or it) so choose — but noting that the privilege only applies to documentation and information generated or communicated in the confidential seeking or obtaining of legal advice.

[28] However, in Property Alliance Ltd v. Royal Bank of Scotland Plc, factual non-privileged information communicated by a lawyer to the «true client» (i.e., individuals within a corporate client entity authorised to obtain legal advice on that entity's behalf) to enable the client to take a fully informed decision as to what to do and what further advice to obtain, was considered privileged.

The Pennsylvania Supreme Court held that «the attorney - client privilege operates in a two - way fashion to protect confidential client - to - attorney communications made for the purpose of obtaining legal advice.»

It is important to obtain good legal advice as quickly as possible, as there are numerous defences, particularly given the changes in the medical marijuana regime, which may be used for a Client's benefit.

The WDAs were accompanied by a letter indicating the dealerships were required to obtain legal advice with regard to the proposed agreements and any dealership wishing to accept the WDA also had to provide General Motors with a certificate signed by his or her legal counsel certifying he or she had explained the terms of the WDA to their client.

In these cases we work closely with specialist immigration lawyers to assist our clients in obtaining the necessary legal advice abroad.

Any community organization can contact a lawyer at HCLS to obtain legal advice about an issue a service provider has encountered assisting one of their own clients.

It should be remembered, of course, that privilege (unlike confidentiality) only arises when the client's purpose in supplying that information has been for the obtaining of legal advice and is directly related to the performance by the solicitor of his or her professional duty as the legal adviser of the client.

(A) A person having authority to obtain professional legal services, or to act on advice thereby rendered on behalf of the client; or

[1] Although this rule does not require that a lawyer advise clients to obtain independent legal advice before the lawyer may accept a joint retainer, in some cases, the lawyer should recommend such advice to ensure that the clients» consent to the joint retainer is informed, genuine and uncoerced.

Where privileged information is shared with a lawyer that is not under a retainer, the information will still be privileged if it meets the general test (ie, the information must still be communicated for the purpose for obtaining legal advice with the intent of being kept confidential by the client).

litigation privilege, for communications between lawyers and their clients, or either of them and a third party, for the dominant purpose of seeking or obtaining legal advice, or preparing a party's case, in relation to contemplated litigation.

«I always recommend that my client's ex-spouse retain counsel to obtain independent legal advice to understand what their rights and obligations under the law are, and to understand what they are signing.

RECO could impose a fine on you should it determine you may not have given the proper advice simply by not telling the client to obtain a legal opinion before signing.

Will a judge one of these days snort fire and disallow a Realtor's commission because the Realtor has failed to urge his client (while he was still a «customer» and before he became a «client») to obtain independent legal advice about his obligations?

RECA says that among other things, Wolf failed to disclose his direct interest in a property, failed to disclose his recent involvement in the purchase of a property, failed to recommend his clients obtain independent legal advice, provided his clients with false and misleading information and obtained money from his clients under false pretenses.

If the situation warrants it, the Realtor should recommend that his client obtain competent legal advice without delay.

The complaint was based on the following duties found in the Idaho real estate license statutes: exercise of reasonable care; promotion of the best interests of his / her client; disclosure of adverse facts to the client; to conduct a reasonable investigation of the property; and, when appropriate, to advise the client to obtain reasonable inspections or to seek the applicable professional advice (legal, tax, etc.).

Advise your client to obtain independent legal advice on how their offer may be structured to achieve their goal.

If she knows the buyer's deposit is at risk, she might share a few situations about the way her clients handled these matters, but in the end, she will be forced to suggest a buyer obtain legal advice.

It is also usually appropriate to advise the client to obtain independent legal advice on their intended course of action.

If the client is unwilling to take the strata manager's advice, the client should be advised that, in order to minimize the risk of liability, it should obtain legal advice.