Current Torys partner Sukonick and former partner Merchant were charged with six counts of failing to adequately disclose their conflicts of interest and
obtain consent of their clients in breach of Rule 2.04 of the Rules of Professional Conduct.
The Torys lawyers are charged with six counts of failing to adequately disclose their conflicts of interest and
obtain consent of their clients in breach of Rule 2.04 of the Rules of Professional Conduct.
In some circumstances, however, because of the nature of the retainer, the transferring lawyer and the new law firm may be required to
obtain the consent of clients to such disclosure or to the disclosure of any further information about the clients.
REALTORS ® shall: a)
obtain the consent of their Clients prior to: (i) accepting Compensation from more than one party to a transaction, or (ii) accepting any rebate or profit on expenditures made for a Client.
In all cases, the information must be treated as confidential and can not be released to a third party without first
obtaining the consent of the client.
Not exact matches
Lucie Tedesco, commissioner
of the Financial Consumer Agency
of Canada, said she is concerned by the allegations and issued a statement reminding the lenders
of their obligations to
obtain prior
consent before increasing credit limits and providing
clients with new products.
For each new
client, the midwife listed identifying information on the registration log form at the start
of care;
obtained informed
consent, including permission for the
client to be contacted for verification
of information after care was complete; and filled out a detailed data form on the course
of care.
Entering into a new line
of business may require that BlackRock Canada
obtain new
client consent to the sharing
of personal information.
Policy 3 — Using and Disclosing Personal Information 3.1 We will only use or disclose
client personal information where necessary to fulfill the purposes identified at the time
of collection or for the purpose reasonably related to purposes such as: · To conduct
client surveys in order to enhance the provision
of our services · To contact our
clients about products or services that may benefit their pets · To contact our
clients in the event
of a medical alert concerning their pet 3.2 We will not use or disclose
client personal information for any additional purpose unless we
obtain consent to do so.
Under the Code
of Ethics, Helene is obligated to maintain and respect the confidentiality
of all information
obtained from
clients; and to refrain from disclosure
of information about
clients or their pets to others without the
client's explicit
consent, except as required by law.
The central issue is whether it's a conflict
of interest for a law firm to accept a retainer to sue a current
client on an unrelated matter without first
obtaining their
consent.
To provide full disclosure to the existing
client, the lawyer must first
obtain the
consent of the new
client to disclose the existence, nature and scope
of the new retainer.
Having said that virtually every jurisdiction
of which I am aware has approved using unencrypted email for ordinary solicitor -
client communications, provided that you have
obtained your
client's
consent to this.
Steps that might be taken include: A lawyer should
obtain informed
client consent for the use
of the services; A lawyer should require the service provider to indemnify the lawyer for any claims the lawyer faces as a result
of using the service; and A lawyer should consider buying insurance on the commercial market to cover risks such as data breaches.
Obtained a preliminary injunction on behalf
of a business owner requiring a co-owner not to make any decisions regarding the business without his
client's
consent.
«Depending on the level
of supervision contemplated by the outsourcing lawyer, it might be necessary to
obtain informed
client consent before engaging outside assistance.»
Finally, the Bar also charges that the website discusses
client information, the disclosure
of which would be embarrassing or detrimental to the
client, without
obtaining his
clients» prior
consent.
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).
«A lawyer may ethically outsource legal support services overseas to a non-lawyer if the lawyer (a) rigorously supervises the non-lawyer, so as to avoid aiding the non-lawyer in the unauthorized practice
of law and to ensure that the non-lawyer's work contributes to the lawyer's competent representation
of the
client; (b) preserves the
client's confidences and secrets when outsourcing; (c) under the circumstances described in this Opinion, avoids conflicts
of interest when outsourcing; (d) bills for outsourcing appropriately; and (e) under the circumstances described in this Opinion,
obtains the
client's informed advance
consent to outsourcing.»
A New York lawyer may ethically outsource legal support services overseas to a non-lawyer, if the New York lawyer (a) rigorously supervises the non-lawyer, so as to avoid aiding the non-lawyer in the unauthorized practice
of law and to ensure that the non-lawyer's work contributes to the lawyer's competent representation
of the
client; (b) preserves the
client's confidences and secrets when outsourcing; (c) avoids conflicts
of interest when outsourcing; (d) bills for outsourcing appropriately; and (e) when necessary,
obtains advance
client consent to outsourcing.
The Committee cited as examples situations where the lawyer determines she has a conflict
of interest, and may need to contact the
client to
obtain informed
consent.
The engagement letter should also address the possibility that, during the course
of the representation, pool counsel may learn
of conflicts among one or more represented
clients and as a result
obtain each
client's
consent to counsel's continued representation
of the remaining non-conflicted
clients.
The Bar associations in the United States have essentially ruled, that US lawyers may outsource legal work to foreign lawyers (or non-lawyers) outside the US, provided the US lawyer (a) supervises the foreign / non-lawyer; (b) preserves the
client's confidences and secrets when outsourcing; (c) avoids conflicts
of interest when outsourcing; (d) bills for outsourcing appropriately; and (e) when necessary,
obtains advance
client consent to outsourcing.
In fact, in 2009, the American Bar Association Section
of Dispute Resolution, Collaborative Law Committee Informed
Consent Subcomittee published its draft Suggested Protocols to
Obtain Clients» Informed
Consent to Use a Collaborative Process...
Even if the
client relationship is known as a result
of public record filings, such as court documents that identify both the law firm and the
client they represent, the law firm still needs to
obtain informed
consent from the
client to recognize them formally as a
client.
The Court confirmed the «bright line rule» established in the case
of R. v. Neil that a lawyer may not concurrently represent
clients whose legal interests are directly adverse without first
obtaining their
consent.
The most common type
of communications error on corporate / commercial files — 28 per cent
of communications - related claims — involves a failure to
obtain the
client's
consent or to inform the
client.
Even if your retainer agreement doesn't mention freelance lawyers, you can
obtain the
client's
consent to your use
of a freelance lawyer during the course
of the representation, when the issue arises.
Thus, the safest route (particularly if you practice in a state that hasn't yet issued a governing ethics opinion) is to disclose, and
obtain the
client's
consent to, your use
of a freelance lawyer.
Disclosure is permissible in very limited cases including: (i) the written
consent of the
client or the written
consent of the rightful owner
of the confidential information is
obtained; (ii) an express court judgement ordered such disclosure is
obtained and only to the extent needed by the court; or (iii) if the attorney, his partners or employees are accused
of a criminal charge or a civil claim arising from the relationship with the
client or a negligence or professional misconduct.
The
client in that case had essentially contracted out
of the Solicitors Act, she found, noting Rapoport had achieved a similar result by
obtaining the
consents to judgment and serving a notice
of a change in representation.
In light
of this, with
client consent and active
client engagement in the process, I believe better quality can be
obtained at a lower cost to the
client.
HireRight's
clients certify to HireRight that (a) to the extent required by applicable law, they have
obtained the consumer's
consent to share this information with HireRight for purposes
of conducting a background screen on the consumer, (b) they are requesting a background screen for employment or other purposes permitted under the FCRA or other applicable law, and (c) they will use the results
of HireRight's background screening only for legally permissible purposes, such as hiring, promotion, and discharge decisions.
The primary purpose
of this first meeting with the solicitor is to give the
clients the reassurance and confidence
of having an appropriate family solicitor on their mediation support team to advise them, when necessary and help them with paperwork and
obtaining a financial
consent order from the court, at the end
of the mediation process.
If you are not the responsible party, we must
obtain written
consent of the legal guardian or other authorized legal representative prior to rendering services in the event the
client is a minor child, an adult who is legally incompetent, or an adult incapable
of giving informed
consent.
Participants
of this workshop will develop strategies for utilizing play therapy concepts to
obtain consent and explain treatment to the child -
client.
Appropriate professional precautions must ensure that the
client's well - being is not compromised and that no exploitation occurs, and should include consultation, supervision, documentation, or
obtaining written informed
consent of the
client;
(vii)
obtain informed written
consent of the
client or the
client's legal guardian prior to taping, recording, or permitting third - party observation
of the
client's activities that might identify the
client or place them at risk;
Collaborative Lawyers» Duties to Screen the Appropriateness
of Collaborative Law and
Obtain Clients» Informed
Consent to Use Collaborative Law (05/20/12) Collaborative Law (CL) is an innovative dispute resolution process that offers significant benefits but also poses significant non-obvious risks.
In conclusion, therapists should protect themselves and the confidentiality
of client treatment information in their possession by following these steps to ensure that
client consent is
obtained before disclosing any treatment information sought through a Subpoena.
The Law Society Tribunal noted that the indirect result
of the retainer and
obtaining consents to judgment and serving a notice
of change
of representation, meant the contract was not covered by the Solicitor's Act and was outside
of the Family Law Court Rules protecting the matrimonial
client and the process.
However, the
Client was in the process
of being acquired by Deluxe Media Services, Inc. («Acquirer») and so the
Client had to
obtain the
consent of the Acquirer prior to entering into the lease.
In all such cases, it is necessary to promptly and fully disclose the nature
of the conflict and
obtain the informed
consent of their
clients before acting or continuing to act on the
clients» behalf.
73 DOS 95 Matter
of DOS v. Marotta - consolidation
of actions; dual agency; disgorgement
of broker commission; broker may act concurrently in a single transaction as an agent and a principal with informed
consent of and full disclosure to principal; broker's agreement breached by broker where broker
obtained property incompatible with
client's stated needs; no broker's fee earned where brokerage agreement breached by broker; broker engaging in business under trade name acts as individual; agency created between broker and buyer by conduct
of parties; dual agency allowed upon full disclosure and informed
consent of both buyer and seller; no commission earned by broker where breach
of fiduciary duty; refund unearned commissions
In every case, the licensee must disclose the conflict to their
clients and
obtain the informed
consent of their
clients before acting or continuing to act on their behalf.
Never agree to act as an unrepresented buyer's limited dual agent without first
obtaining the express
consent of your seller -
client.
Licensees may wish to
obtain their own legal advice as to whether the disclosure
of information
consented to by their
clients may result in a possible claim against licensees by another party.
Accordingly, a licensee wishing to act for more than one
client whose interests may conflict must first
obtain the informed
consent of both parties before acting on their behalf.
A licensee who wishes to change from one type
of relationship to another must first
obtain the informed
consent of their
client / customer.