Sentences with phrase «joint retainer»
A joint retainer refers to an agreement where multiple parties hire and pay one professional or service provider together. It means sharing the responsibility and cost for hiring a common professional. Full definition
There was also no evidence to show «that the proposed class members are a cohesive group who would or could agree on a form of joint retainer and an allocation of the costs of the litigation.»
thelitigator.ca
Our Codes and Rules of Professional Conduct avoid the conflict to which Millett LJ refers by requiring that confidences not be kept in joint retainers.
While likely not recognized at the time, this was at least arguably a breach of the joint retainer rule in the Rules of Professional Conduct.
It can not be intended to refer to information that is irrelevant to the joint retainer.
Model Rule 3.4 - 5 does not contemplate that clients in a joint retainer can agree that information will be treated as confidential.
In this context, it is worth underscoring Model Rule 3.4 - 15 which applies irrespective of the joint retainer rule and the duty of candour:
Separate from the joint retainer rule, our Codes and Rules of Professional Conduct require candour in all matters but, unlike avoiding conflicts, there is no provision for consent otherwise.
But does it refer to information relevant to the client's decision - making in respect of the joint retainer which is not related to the legal representation and issues?
That candour in a joint retainer can be limited by agreement in England should be a surprise for Canadian lawyers.
At times the joint retainer is the only cost effective method of recovery.
Understand the business risks as well as the potential benefits of the joint retainer arrangement.
The joint retainer may specify just that.
A lawyer contemplating accepting a joint retainer should consider three «threshold» questions: is there a conflict of interest in acting for both spouses?
Where parents agree that counsel is necessary in order to achieve the best resolution for the children, Andrea will accept a joint retainer to act on their behalf.
In situations where a group of companies have a similar legal issues (for example, long term care homes are opposing a Canada Revenue Agency position with respect to self - assessment of new homes), LexSage will consider entering into a joint retainer and dividing the legal costs among the participants in the group.
Can I set up confidentiality screens and keep the joint retainer?
Conflicts may also arise in a joint retainer where the jointly represented clients» interests diverge.
(a) the subsequent communication would be treated as a request for a new retainer and not as part of the joint retainer;
[2] In addition to acting for the organization, the lawyer may also accept a joint retainer and act for a person associated with the organization.
[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 there is a joint retainer, communications to the lawyer by either party can not be privileged from the other joint party, but all communications are privileged as between the lawyer and the clients and can not be disclosed outside the retainer (subject to exceptions).
Where there is a joint retainer, or where the same solicitors act for two clients in related matters in which they have a common interest, neither client can claim legal professional privilege against the other in relation to documents which come into existence, or communications which pass between them and the solicitors, within the scope of the joint retainer or matter of common interest concerned.
They provide clear and helpful guidance to lawyers on a number of important questions of practice, such as how to manage a joint retainer, or withdrawal from representation in the context of a criminal trial.
Law society rules regulate joint retainers requiring that lawyers advise their joint clients that secrets can't be kept between clients in a joint retainer.
If candour can be waived by clients, does this rule apply where clients want secrecy between them for some matters in a joint retainer?