Sentences with phrase «owes duties to the client»

Second, since I have created my own firm, I owe a duty to my clients that they get my best insights, implicitly or explicitly.

The Saskatchewan Court of Queen's Bench held that the firm owed a duty to the client promoters only, not the investors, and in any event, nothing that the firm did caused the investors» losses.

Not exact matches

This case turns on the duty of integrity owed by Barclays to its clients.

As a lawyer, I owed such a duty to my clients.

Some states have held that the attorney absolutely may not break confidentiality to tell the insurance company, even if you reveal something to them that's detrimental to the insurance company's case because you are the client and they owe their duty to you even though the insurance company is paying the bills.

A contingency arrangement was not a true joint venture because the parties are not equal and the lawyer owes a fiduciary duty to the client.

As Justice Newbury points out, lawyer and client are not typical contracting parties and are not equal; among other things, the lawyer owes a fiduciary duty to the client, owes professional duties to the court, takes on most or all of the financial risk, and possesses expertise that the client lacks (para. 92).

The principal duties owed to clients are well known: commitment, confidentiality, candour and competence.

Firms owe duties of commitment, confidentiality and candour to their clients.

What duties, then, do family law lawyers owe to their clients?

Being owned risks the resulting «profit duty» owed to investors, over-powering the duty owed to clients, i.e., going from concern as to serving one's clients better, to concern as to how many clients can be processed per unit time and at what cost per client, which means moving to commercial methods and attitudes.

In other words, in its infancy, the bad practice of lawyers was a concept involving such matters as procedure, decorum, respect, and deference — not breach duties owed to the client.

The review's findings do not necessarily take the professional duty owed to a solicitor's client any further forward.

The duty of confidentiality owed by lawyers to their clients is one of the foundations of the attorney - client relationship.

Currently, lawyers have duties, loyalties, obligations and desires to please that they owe to their clients and themselves and, for many, to the management / compensation committees of their firms.

The Supreme Court held that Gavin Edmondson are entitled to the enforcement of the traditional equitable lien against Haven, as the client owed a contractual duty to pay the solicitors» charges.

They could finance the automation for providing routine legal services, but such automation is something that the legal profession can provide for itself, better by itself without: (1) law offices having to be owned by investors; and, (2) the risk of the fiduciary duty owed to clients being suppressed by the resulting profit duty owed to investors.

Those jurisdictions do, however, recognise that lawyers owe a duty of confidentiality over documents provided to them by their clients.

In assessing whether there was a duty of care owed to Livent in relation to the Comfort Letter, the Supreme Court observed that «[t] he mere fact that proximity has been recognized as existing between an auditor and its client for one purpose is insufficient to conclude that proximity exists between the same parties for all purposes.»

The Committee generated this opinion in response to numerous questions posed regarding the duties a lawyer or law firm owes to prospective clients.

In R. v. Topp, customs broker John Topp recovered over $ 4.7 million in taxes and duties from clients owing to Canada Customs and then kept the money instead of submitting it to customs.

Lawyers providing unbundled legal services owe the same duties of competence, diligence, loyalty and confidentiality to limited - scope clients that they owe to full - service clients.

In any case, these interpretations have strong implications for the legal profession and, in particular, the duty of confidentiality legal professionals owe to their clients.

Even assuming that H owed his client a duty of care, he discharged it by preparing the documentation in accordance with the instructions of the responsible corporate officer, ensuring that the transaction breached no statute in view of the plaintiff's impending bankruptcy, and ensuring that all signatories to the agreement understood it.

Fieger owed his clients a duty to act in their best interests and like any other licensed professional would under those circumstances.

Professional advisors owe a duty of care to their clients.

The specific question I was researching was when an attorney is retained to make a special appearance in place of counsel of record when counsel of record is unavailable for some reason, does the specially appearing attorney owe all the same duties to the client as he would if he were counsel of record?

Lawyers owe a professional duty of care to their clients to instruct expert witnesses who understand the expert's role and duties in the civil justice system.

While the solicitor for one side does not owe a duty of care to the other party, [195] where there is an obvious mistake the solicitor should promptly notify the other party and then, where the client wishes to use the document, make an application under rule 31.20 of the CPR to allow such use.

While a lawyer will usually owe his or her client enforceable duties of confidence, [9] for the purposes of litigation privilege, communications between a lawyer or client and a third party do not have to be «confidential» in the sense that the third party is bound by equitable (or contractual) duties of confidence not to reveal the communication to anyone else.

We are taught that we owe an undivided fealty to our clients, for whom we must advocate with a resolve tempered only by the duty to «advise and encourage a client to compromise or settle a dispute whenever it is possible to do so on a reasonable basis and... discourage the client from commencing... useless legal proceedings,» as the Model Code drafted by the Federation of Law Societies of Canada puts it.

To me, these claims suggest that Reed Smith owed a fiduciary duty to its client to explain its fee structure, and to explore whether that fee structure was suitable for a smaller clienTo me, these claims suggest that Reed Smith owed a fiduciary duty to its client to explain its fee structure, and to explore whether that fee structure was suitable for a smaller cliento its client to explain its fee structure, and to explore whether that fee structure was suitable for a smaller cliento explain its fee structure, and to explore whether that fee structure was suitable for a smaller cliento explore whether that fee structure was suitable for a smaller client.

Failing to propose such an amendment without having raised and discussed the matter with Cs first, meant Mr Harris breached the duties he owed to his clients.

The plaintiff must prove that the defendant agreed to accept the client's legal matter and neglected the duty that they owed to the client.

Our duties to existing and former clients require us, before assuming any new matters, to determine whether or not we may represent or advise you in light of any actual or potential conflicts with our existing or former clients or duties that the firm may owe.

When you are retained by a company, it is the company to whom you owe your fiduciary duty, and when defining your obligations toward your client, it is generally the company to whom your rules of professional conduct refer.

Colonna's lawyer argues that there is no ground for Colonna to be part of the suit and has asked Morris County Superior Court Judge David Rand to dismiss charges against his client, as she owed no legal duty of care under the facts of the case.

Still, as I see it, the potential for conflict between the duty owed to clients and the duties to shareholders is massive and I not resolvable unless one or the other is deemed by statute the overriding duty.

The bottom line here: Being professional means not only being civil, but also being prepared — a duty lawyers owe not only to their clients, but also to opponents and to the court.

Giacalone points out that lawyers owe a fiduciary duty to clients, which at a minimum encompasses advising them on low - cost alternatives.

Make sure you clarify at the outset to whom your duties are owed and who holds the rights and responsibilities of the client role.

Unlike plaintiffs» lawyers who take a percentage of recovery as fees, the litigation investors and funders are not regulated, and unlike the lawyer, owe no fiduciary duty to the client.

It is the lawyer that owes the fiduciary duty to the client to be responsible and represent the client's — not the investor's or contributor's — interests.

Karam v Law Offices of Ralph J Kliber 253 Mich App 410; 655 NW2d 614 (2002)(affirming trial court decision to grant summary disposition to client and defining limited scope of duties that attorneys owe to non-clients when preparing testamentary documents)

It reminds lawyers that we owe, not only a duty to our clients, but also to the legal system as a whole.

Besides the duty which a lawyer owes to the court and his client, she or he is bound to treat the opposite party and fellow lawyers with civility, fairness and propriety.

to say «The Superior Court affirmed the grant of judgment in favor of Kim's client on the basis that a methadone clinic, which took steps to regulate the dissemination of methadone in accordance with federal guidelines, did not owe a duty of care to a third party who lethally overdosed after buying methadone that was stolen from a patient of the clinic.

The claim brought by Mr Hunt personally failed, on the basis that the Engagement Letter was between Swynson and HMT and not with Mr Hunt; itself a salutary reminder of the importance of engagement letters, as Mr Hunt was found not to have been owed a duty of care by HMT because he was not a named client in HMT's engagement letter.

All lawyers know they owe a duty of zealous advocacy to their clients.

As Annino concludes his story, «we owe an important duty to our clients to zealously advocate their interests and should never abandon that principle.