Assume that the following clause was included in the retainer agreement between SK Firm LLP and the Corporation (the Relieving Clause ):

Size: px
Start display at page:

Download "Assume that the following clause was included in the retainer agreement between SK Firm LLP and the Corporation (the Relieving Clause ):"

Transcription

1 ETHICAL SCENARIO #3 I. FACT PATTERN A Saskatchewan law firm ( SK Firm LLP ) acts on behalf of an out of province (e.g. national) corporation (the Corporation ). SK Firm LLP s role has been solely to file extra-provincial corporate filings and act as power of attorney for corporate law purposes on behalf of the Corporation in Saskatchewan. The law firm is approached by a third party who wishes to sue the Corporation. Assume that the following clause was included in the retainer agreement between SK Firm LLP and the Corporation (the Relieving Clause ): The Corporation hereby acknowledges and agrees that SK Firm LLP s engagement as Attorney for Service will not affect SK Firm LLP s right to act in relation to other matters that may directly or indirectly involve the Corporation, even where its involvement in another matter is adverse to the Corporation s immediate interests. Furthermore, the Corporation hereby acknowledges and agrees that SK Firm LLP will be free to act on behalf of existing or new clients in relation to any matters, whether or not those clients are engaged in business endeavours competing with the Corporation or have interests directly or indirectly adverse to the Corporation. SK Firm LLP s representation of such other clients may require it to give advice directly or indirectly adverse to the Corporation, become involved in negotiations with or, directly or indirectly, affecting the Corporation, and/or commence or otherwise prosecute an action or other proceeding against the Corporation. The Corporation hereby acknowledges that it has been advised to seek independent legal advice in relation to this waiver of any and all conflicts of interest, and that absent independent legal advice, the Corporation will be deemed to have understood and agreed to SK Firm LLP s representation of clients adverse in interest. Nothing herein shall be interpreted to infer that SK Firm LLP will represent the Corporation in matters other than the filing of extra-provincial corporate filings in Saskatchewan. II. ISSUES 1. In the absence of the Relieving Clause, may SK Firm LLP terminate its relationship with the Corporation and proceed to act on behalf of the third party in the lawsuit against the Corporation? 1

2 2. Alternatively, may SK Firm LLP pursue the third party claim against the Corporation if the retainer agreement with the Corporation expressly states that the law firm would be entitled to represent clients directly adverse to the Corporation s interests? In particular: a. Would the general future waiver of a conflict of interest in the Relieving Clause be effective as against the Corporation thereby allowing SK Firm LLP to act for the third party? or b. Would SK Firm LLP be prohibited from representing the third party because the firm acted as corporate agent and power of attorney on behalf of the Corporation in Saskatchewan? III. ANALYSIS The analysis of these issues requires a consideration, inter alia, of case law, the Canadian Bar Association Code of Professional Conduct, the Law Society of Saskatchewan Code of Professional Conduct, and the final report Conflicts of Interests: Final Report, Recommendations & Toolkit (August 2008, Canadian Bar Association) (the Task Force Final Report ) prepared by the CBA Task Force on Conflicts of Interest (the Task Force ). A. Termination of the Lawyer-Client Relationship in Favour of another Client Courts have commented that a lawyer may not terminate the lawyer-client relationship simply to avoid the bright line rule. The bright line rule was set out in R v. Neil, [2002] 3 S.C.R. 631 [ Neil ]. Where there is a substantial risk that a current client would be materially and adversely affected by the lawyer s representation of a new client in an unrelated matter, absent informed consent, a lawyer may not act for both. As noted in Wallace v. Canadian Pacific Railway 2009 SKQB 369 [Wallace] (discussed below), there is an exception to the bright line rule. Citing Neil, consent may be inferred where the client is a professional litigant, for example, a government or chartered bank, which may generally accept that private practitioners will act against them in unrelated matters. Disqualification of a lawyer in such a case may be tactical rather than principled and will not be allowed. In Wallace, the question was whether a Saskatchewan law firm could represent western farmers in a lawsuit against their client, Canadian National Railway ( CN ), for whom the law firm had been acting since At the time the claim arose, the firm represented CN on three matters: a personal injury claim, power of attorney in Saskatchewan, and a real estate transaction. The firm withdrew from service on the personal injury matter prior to issuing the statement of claim on behalf of the farmers and then proceeded to withdraw or seek consent to continue representation on the other matters after issuance of the statement of claim. CN opposed the firm s 2

3 representation of a third party adverse to its interests on the grounds that the firm was familiar with CN s position on litigation and had insight into the company s strategies and defences. In Wallace, Justice Popescul cites other Canadian jurisprudence for support in the conclusion that dumping an existing client in favour of another is not permissible. In particular, at paragraph 66, he cites Master Sandler in Toddglen Construction Ltd. v. Concord Adex Developments Corp., [2004] O.J. No (QL) [Toddglen] for the proposition that a lawyer in a civil case cannot terminate a litigation retainer of a client other than for good cause. Master Sandler stated: 85 In my view, the "duty of loyalty" described in Neil does not permit a law firm to terminate the relationship of an existing client solely in order to take on the work of a more financially desirable client, where the two clients' interests are adverse, although the mandates are unrelated, so as to avoid the Neil "bright line" rule. In my view, if terminating one client's retainer in order to take on a financially more attractive prospective client's retainer were allowed many clients would be put in jeopardy and suffer much inconvenience by having their retainers terminated and by having to go out and retain and brief and pay extra for new lawyers just because of the financial interests of their former lawyer or law firm. Justice Popescul relies on De Beers Canada Inc. v. Shore Gold Inc., 2006 SKQB 101 [De Beers] for further support that a law firm may not terminate its relationship with one client to take on another where the clients are adverse in interest, as to avoid the bright line rule in Neil. The focus in Toddglen and DeBeers is on the duty of loyalty owed to the client, a duty that exists whether retained for litigation or other matters. Wallace, Toddglen and DeBeers may be distinguishable from the present scenario. In those cases, the lawyers had represented the existing client in a litigation matter, while in the present scenario, SK Firm LLP has not represented the Corporation in any litigation matter but rather has merely acted as Attorney for Service and filed extra-provincial corporate filings in Saskatchewan. However, Justice Popescul in Wallace elaborates that "dumping" an existing client in order to sue that client is an ethical breach. He relies on the withdrawal chapters of the Canadian Bar Association Code of Professional Conduct (Ottawa: Canadian Bar Association, 2006), and The Law Society of Saskatchewan Code of Professional Conduct (Regina: Law Society of Saskatchewan, 1991). The rule provides that a lawyer owes a duty to the client not to withdraw services except for good cause and upon notice appropriate in the circumstances. Justice Popescul is of the view that terminating the existing solicitor-client relationship for the sole purpose of accepting a retainer to sue that client offends the Code of Conduct. 3

4 Based on Wallace, there is an argument that SK Firm LLP will not be able to terminate its relationship with the Corporation, absent justifiable cause, in order to act on behalf of the third party in the lawsuit against the Corporation, even if the firm does not represent the Corporation in a litigation matter. However, the Task Force clearly states that the primary purpose of the duty of loyalty is to protect the duty of performance. In the situation where the relationship between SK Firm LLP and the Corporation strictly involves filing extra-provincial filings, it is unlikely that the representation of the client with respect to those filings would be affected and thus the duty of performance could remain in tact. Further, typically the concern over withdrawal of services is that there will be prejudice to the client from whom the solicitor is withdrawing services, or an unfair advantage conferred on the new client. Thus, it is debatable whether Justice Popescul s view in Wallace extends so far as to cover the present situation. B. Representation of Clients Adverse in Interest On the disqualification of counsel in relation to conflicts of interest, Justice Popescul commented in Wallace: 24 Courts have disqualified lawyers from further acting on a matter primarily for one of two reasons -- to protect the confidential information of clients or because of a conflict of interest The confidential information of clients must be preserved regardless of whether there is a conflicting interest or duty and whether or not the lawyer's representation of the client is complete. On the other hand, disqualifications due to a conflict of interest are rooted in the duty of loyalty, which is intertwined with the fiduciary nature of the solicitor-client relationship, and do not necessarily involve aspects pertaining to the confidential information of clients. The general rule in the Saskatchewan Professional Code of Conduct is that a lawyer shall not advise or represent both sides of a dispute and only after adequate disclosure and with the consent of the parties concerned may the lawyer act or continue to act in a matter when there is or is likely to be a conflicting interest. Although not yet incorporated into the Saskatchewan Professional Code of Conduct, the Task Force recommended that conflicting interest be defined to mean an interest that gives rise to a substantial risk of material and adverse effect on representation. Justice Popescul adopted the interpretation of the bright line rule in Neil as set out in the Task Force Final Report. He said that the appropriate interpretation is that absent proper consent, a lawyer may not act directly adverse to the immediate interest of a current client unless the lawyer 4

5 is able to demonstrate that there is no substantial risk that the lawyer s representation of the current client would be materially and adversely affected by the new unrelated matter. Further, at paragraph 46, Justice Popescul states: 46 It is the representation of the client that must be examined to determine the materiality of the adverse effect. The question involves weighing the significance of the adverse effect, rather than its likelihood. An extreme likelihood of an insignificant effect may not offend the rule, whereas a reasonable likelihood of a substantial effect would. This is because it is problematic if the duty of loyalty conflicts with a fundamental aspect of the retainer, as opposed to an aspect that is completely unimportant. As long as SK Firm LLP represents the Corporation solely in relation to filing extra-provincial returns, the representation of the Corporation would not materially affect or be affected by the firm s representation of the third party. In any case, SK Firm LLP should obtain informed consent as to avoid the bright line rule. Provided there are no other ethical issues at play, SK Firm LLP should be able to represent the third party. C. Waiver of a Conflict of Interest The question in part is whether a properly worded Relieving Clause in a retainer or engagement letter can provide future consent for a lawyer to act against a client where there is a conflict of interest. The Task Force Final Report stated that if a retainer is in writing and signed by the client, it is less likely that the client will be able to successfully assert unawareness or disapproval of the conflict. Waivers of conflict of interest have been addressed in case law. In Chiefs of Ontario v. Ontario, (2003), 63 O.R. (3d) 335 (S.C.J.), the Court held that a vaguely worded retainer did not provide consent for the law firm to act in a conflict situation. Although the consent to act for the third party was valid, it was so ambiguous that neither the law firm nor the client contemplated the nature of the future conflicting interest. The law firm had acted for its client for a number of years and with respect to a matter closely related to the allegations by the third party against that client. As such, the law firm was not entitled to rely on the waiver. Generally, the enforceability of the waiver will depend on three factors: 1. informed consent; 2. the sophistication of the client; and 3, the availability of independent legal advice. 5

6 The Task Force states that a retainer agreement which modifies the scope of a lawyer s duty to avoid conflicts of interest will not be upheld unless there is full disclosure by the lawyer of both the relevant facts and the implications of the clients consent. Consent that is general and openended is not likely to be effective because it is not reasonable that the client will have understood the material risks involved. The Task Force notes that in California, prospective waivers that purport to waive all future conflicts between the parties may be valid where the client was a knowledgeable and sophisticated user of legal services. The sophistication of the client is also an important consideration and is dependant on the facts of each case. Sophistication refers to the client s ability to comprehend the implications of waiving the conflict, not sophistication relative to their business. In Strother v Canada Inc SCC 24, Justice Binnie stated that sophistication of the client may lead to an inference of implied consent; however, a client cannot consent to conflicts that it does not know exist. In Strother, a lawyer represented a corporation, Monarch, with respect to some tax issues. The initial retainer agreement was expressed in writing, and a subsequent retainer was made orally. The written agreement terminated, but the oral retainer remained for general corporate and tax planning services. Notwithstanding, the lawyer advised another corporation, a competitor of Monarch with whom he engaged in business, on similar tax issues. In doing so, the lawyer failed to inform Monarch of advantageous tax rulings obtained in the course of acting for the other client. Therefore, notwithstanding that a client is sophisticated, consent will not always be implied. Clients may provide informed consent in the absence of independent legal advice; however, independent legal advice is preferable where a lawyer seeks the consent of a current client to act directly against the client s immediate interests. Lawyers who have ensured their clients sought independent legal advice before signing the future waiver will be more likely to be successful in upholding that waiver. A future waiver will only be effective where there is informed consent and the client understands the risk involved. A waiver may not be effective where it is lacking specificity. However, where SK Firm LLP acts only with respect to filing extra-provincial returns and as Attorney for Service, it could be argued that so long as SK Firm LLP is clear that they intend for the Corporation to waive a conflict of interest in any matter, the Corporation understands the nature of conflicts of interest, and has the opportunity to obtain independent legal advice, the waiver will be effective. In this circumstance, SK Firm LLP does not have the possession of any confidential information of the Corporation, so it would not be possible to specify in what matters the firm may wish to act against the Corporation. 6

7 D. Fiduciary Duties It is well-established that lawyers are in fiduciary relationships with their clients. This relationship involves a duty of loyalty to the client, the duty to avoid conflicting interests and a duty to protect confidential information. Thus, even where there is a valid waiver of a conflict and the duty of loyalty is not offended, lawyers must remain cognizant of protecting confidential information. In Wallace, Justice Popescul discussed the importance of protecting client confidentiality as a separate duty from avoiding a conflict of interest. He cited the test adopted by the Supreme Court of Canada in MacDonald Estate v. Martin, [1990] 3 S.C.R that a lawyer should not act for a client who is adverse in interest to a former client unless "the public represented by the reasonably informed person would be satisfied that no use of confidential information would occur. A factual connection between the previous retainer and the new matter is not necessarily required. For example, the Task Force cites Ramsbottom v. Morning (1991), 48 C.P.C. (2d) 177 (Ont. C.J. (Gen. Div.)), where the Court disqualified a law firm after it found that during the five-year solicitor-client relationship, the law firm acquired knowledge of practices, procedures and defence strategies in the litigation process as to give the firm an unfair advantage. Therefore, even if SK Firm LLP is able to successfully uphold a future waiver in a retainer agreement, the duties of loyalty and confidentiality still apply and the firm would have to take measures to ensure no confidential information was transmitted. However, where SK Firm LLP does not possess confidential information with respect to the Corporation, such measures are not necessary. IV. SUMMARY 1. In the absence of the Relieving Clause, may SK Firm LLP terminate its relationship with the Corporation and proceed to act on behalf of the third party in the lawsuit against the Corporation? The courts in Saskatchewan do not favourably view the dumping of one client for another. The Saskatchewan Court of Queen s Bench in Wallace v. Canadian Pacific Railway was of the opinion that terminating a relationship with a client in order to take on another client where the clients are adverse in interest offends the duty of loyalty as described in R. v. Neil and cannot be done to avoid engaging the bright line rule. This view is supported in other Canadian cases, for example Toddglen Construction Ltd. v. Concord Adex Developments Corp and De Beers Canada Inc. v. Shore Gold Inc. However, in these cases, the client being dumped had either a long-standing relationship with the law firm or the firm had knowledge of their litigation strategies and defences, or both. 7

8 The bright line rule in Neil states that where there is a substantial risk that representation of the current client would be materially and adversely affected by the new unrelated matter, absent informed consent, a lawyer may not act for both clients. The exception to the bright line rule is the professional litigant, for example government or a chartered bank, where informed consent may be implied because the professional litigant expects that a private practitioner will act against it in unrelated matters. Relying on the Canadian and Saskatchewan Professional Codes of Conduct, Justice Popescul in Wallace states that dumping an existing client to allow the law firm to sue that client on behalf of a third party is an ethical breach. That being said, even in situations where SK Firm LLP does not represent the Corporation in litigation matters, there is a possibility of counsel disqualification where SK Firm LLP terminates its relationship with a Corporation so as to take on a more lucrative client. However, in this scenario because SK Firm LLP does not possess confidential information relating to the Corporation and withdrawing its services would not negatively impact the Corporation, it is debatable whether terminating the lawyer-client relationship would constitute an ethical breach by SK Firm LLP. From another perspective, SK Firm LLP s representation of the Corporation (i.e. extra-provincial filing) would not be materially affected by representation of the third party. 2. Alternatively, may SK Firm LLP pursue the third party claim against the Corporation if the retainer agreement with the Corporation expressly states that the firm would be entitled to represent clients directly adverse to their interests? Generally, the rule is that a lawyer shall not represent parties adverse in interest where the representation of one is likely to adversely and materially affect the representation of the other. In particular: a. Would the general future waiver of a conflict of interest be effective as against the Corporation thereby allowing SK Firm LLP to act for the third party? Retainer agreements or engagement letters may contain waivers to future conflicts of interest. However, three factors are assessed to determine whether the waiver will be enforceable. First, there must be informed consent. Broadly worded or general waivers will not likely be enforceable because the client must know what it is that they are consenting to waive. There must be full disclosure of the relevant facts and the implications of the client s consent. Second, the client must be sufficiently sophisticated with regards to conflicts of interest to be held to have understood the meaning of the future waiver. The suggestion is that the client must be one who is familiar with legal processes and is able to understand the material risks involved. 8

9 Third, independent legal advice is preferable in situations where the lawyer is seeking consent to act directly against the client s interests, even in an unrelated matter. In the present scenario, where SK Firm LLP does not possess confidential information and has been clear that it intends for the Corporation to waive all conflicts of interest, the waiver may be valid provided that the Corporation is sufficiently sophisticated. b. Would SK Firm LLP be prohibited from representing the third party because the law firm had acted as corporate agent and power of attorney on behalf of the Corporation in Saskatchewan? Even where a lawyer has obtained informed consent through a future waiver, protection of confidential information is an important consideration. The duty to protect confidentiality is separate from the duty of avoiding a conflict of interest. Not only must there not be any transfer of confidential information, but the public represented by the reasonably informed person must be satisfied that no transfer of confidential information between clients would occur. Where SK Firm LLP does not possess confidential information with respect to the Corporation, there is no issue of protecting such information. Conclusion SK Firm LLP may act for a third party adverse in interest to the Corporation provided that the following criteria are satisfied: 1. SK Firm LLP only acts for the Corporation for extra-provincial filing purposes and as Attorney for Service, and does not possess confidential information; 2. The Relieving Clause is clearly worded and the Corporation is aware that SK Firm LLP intends for the Corporation to waive any and all conflicts of interest; 3. The Corporation is aware of the potential consequences of waiving conflicts of interest and has either obtained or been advised to obtain independent legal advice; and 4. Representation of the Corporation and the third party would not be materially affected. SK Firm LLP should be aware that the Relieving Clause may not be effective should the relationship with the Corporation evolve such that SK Firm LLP provides other legal services and/or obtains confidential information respecting the Corporation. 9

Ontario s Amended Rules of Professional Conduct

Ontario s Amended Rules of Professional Conduct Ontario s Amended Rules of Professional Conduct Bruce Blain Toronto Symposium June 5, 2014 FLSC Model Code of Professional Conduct 2004 - initiative to create uniform ethical and professional conduct standards

More information

ETHICAL SCENARIO #1 I. FACT PATTERN

ETHICAL SCENARIO #1 I. FACT PATTERN ETHICAL SCENARIO #1 I. FACT PATTERN Mary White is a lawyer with the law firm of Green LLP. She primarily practices in the area of corporate law but has been known to provide long-term clients with other

More information

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza

More information

WRITTEN REPRESENTATIONS OF BOARD STAFF

WRITTEN REPRESENTATIONS OF BOARD STAFF PATENTED MEDICINE PRICES REVIEW BOARD IN THE MATTER OF the Patent Act, R.S.C. 1985, c. P-4, as amended AND IN THE MATTER OF Alexion Pharmaceuticals Inc. (the "Respondent") and the medicine "Soliris" WRITTEN

More information

The discovery principle and limitation of actions for solicitor s negligence: Ferrara v. Lorenzetti, Wolfe Barristers and Solicitors (Ont. C.

The discovery principle and limitation of actions for solicitor s negligence: Ferrara v. Lorenzetti, Wolfe Barristers and Solicitors (Ont. C. February 2013 Civil Litigation Section The discovery principle and limitation of actions for solicitor s negligence: Ferrara v. Lorenzetti, Wolfe Barristers and Solicitors (Ont. C.A) Antonin Pribetic*

More information

CANADA. James SULLIVAN

CANADA. James SULLIVAN CANADA James SULLIVAN Blake, Cassel & Graydon LLP 595 Burrard Street P.O. Box 49314 Suite 2600, Three Bentall Centre Vancouver (C.-B.) V7X 1L3 CANADA Phone: 604-631-3300 Fax: 604-631-3309 Email: vancouver@blakes.com

More information

XYZ Co. shall pay $200 per hour to each of Lawyer A and Lawyer B for additional time (including travel) spent beyond the initial eight hours.

XYZ Co. shall pay $200 per hour to each of Lawyer A and Lawyer B for additional time (including travel) spent beyond the initial eight hours. LEGAL ETHICS OPINION 1715 SETTLEMENT AGREEMENT; FUTURE CONFLICTS; RESTRICTION OF LAWYER'S PRACTICE. This responds to your letter dated December 15, 1997, requesting an advisory opinion that addresses a

More information

STANDARD 3.5 ON ASSISTANCE TO PRO SE LITIGANTS

STANDARD 3.5 ON ASSISTANCE TO PRO SE LITIGANTS STANDARD 3.5 ON ASSISTANCE TO PRO SE LITIGANTS STANDARD In appropriate circumstances, a provider may offer pro se litigants assistance or limited representation at various stages of proceedings. COMMENTARY

More information

Submission on Proposals for Privilege Protection and Self-Regulation for Patent and Trade-mark Agents

Submission on Proposals for Privilege Protection and Self-Regulation for Patent and Trade-mark Agents Submission on Proposals for Privilege Protection and Self-Regulation for Patent and Trade-mark Agents NATIONAL INTELLECTUAL PROPERTY LAW SECTION CANADIAN BAR ASSOCIATION February 2004 TABLE OF CONTENTS

More information

Conclusions: 1. No, qualified. 2. Yes. 3. No, qualified. Discussion:

Conclusions: 1. No, qualified. 2. Yes. 3. No, qualified. Discussion: FORMAL OPINION NO 2005-158 [REVISED 2015] Conflicts of Interest, Current Clients: Representing Driver and Passengers in Personal Injury/Property Damage Claims Facts: Lawyer is asked to represent both the

More information

Terms and Conditions for Tax Services

Terms and Conditions for Tax Services Terms and Conditions for Tax Services In the course of delivering services relating to tax return preparation, tax advisory, and assistance in tax controversy matters, Brady, Martz & Associates, P.C. (we

More information

KBA Bench & Bar, May 2006, Volume 70, Number 3. What Do Hot Potato Clients Have in Common With Thrust Upon Clients?

KBA Bench & Bar, May 2006, Volume 70, Number 3. What Do Hot Potato Clients Have in Common With Thrust Upon Clients? KBA Bench & Bar, May 2006, Volume 70, Number 3 What Do Hot Potato Clients Have in Common With Thrust Upon Clients? One Heck of a Conflict of Interest Dilemma Conflicts of interest problems are the hardest

More information

The Law of Privilege in Canada

The Law of Privilege in Canada The Law of Privilege in Canada Andrew Wilkinson October 8, 2008 Types of privilege 2 Main types of privilege: Solicitor-client Litigation Settlement There is also common interest privilege, which is more

More information

KENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW

KENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW KENTUCKY BAR ASSOCIATION RULES OF THE SUPREME COURT OF KENTUCKY PRACTICE OF LAW SCR 3.130(1.8) Conflict of interest: current clients; specific rules (a) A lawyer shall not enter into a business transaction

More information

Ethics Opinion 000210

Ethics Opinion 000210 Ethics Opinion 000210 FACTS: Attorney B successfully represented to conclusion a sophisticated client in a criminal matter, but was paid only a small portion of the substantial bill incurred. Following

More information

The Law Society of Saskatchewan

The Law Society of Saskatchewan The Law Society of Saskatchewan Issue Summary: The concern relates to provisions in contingency agreements designed to protect members remuneration in the event a client unilaterally decides to discontinue

More information

NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS. No. 12-10

NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS. No. 12-10 NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No. 12-10 A Nebraska lawyer s duties to former clients do not allow representing someone with interests materially adverse to the former client where the conflicting

More information

Employee Settlement and Release Agreement.

Employee Settlement and Release Agreement. Form: Description: Release: No Disparagement: References: Review by Counsel: Employee Settlement and Release Agreement. This is a sample form agreement for the settlement of any claims by an employee against

More information

Law Firm Compliance: Key Privacy Considerations for Lawyers and Law Firms in Ontario

Law Firm Compliance: Key Privacy Considerations for Lawyers and Law Firms in Ontario PRIVACY COMPLIANCE ISSUES FOR LAW FIRMS IN ONTARIO By Sara A. Levine 1 Presented at Law Firm Compliance: Key Privacy Considerations for Lawyers and Law Firms in Ontario Ontario Bar Association, May 6,

More information

AS APPROVED BY CONVOCATION, MARCH 25, 2004. (new/amended rules and commentary for rule 2.02)

AS APPROVED BY CONVOCATION, MARCH 25, 2004. (new/amended rules and commentary for rule 2.02) AS APPROVED BY CONVOCATION, MARCH 25, 2004 (new/amended rules and commentary for rule 2.02) When Client an Organization (1.1) Notwithstanding that the instructions may be received from an officer, employee,

More information

THE INNOCENT CO-INSURED

THE INNOCENT CO-INSURED Veronica S.C. Rossos 2 Veronica S.C. Rossos TABLE OF CONTENTS I. INTRODUCTION... 3 II. DEFINITIONS... 4 III. THE GENERAL PRINCIPLES OF INTERPRETATION OF INSURANCE POLICIES... 4 IV. AND THE SCOTT ANALYSIS...

More information

The Georgia Brokerage Relationships in Real Estate Transactions Act

The Georgia Brokerage Relationships in Real Estate Transactions Act Chapter 9 The Georgia Brokerage Relationships in Real Estate Transactions Act A. OVERVIEW PURPOSE OF THE ACT The Brokerage Relationships in Real Estate Transactions Act (BRRETA) http://www.crowngeorgia.com/brreta.htm

More information

Ethical Issues Facing Today s Transportation Lawyers

Ethical Issues Facing Today s Transportation Lawyers Ethical Issues Facing Today s Transportation Lawyers R I C K K I S S I N G E R K I S S I N G E R & F E L L M A N, P C D E N V E R, C O M o d e r a t o r L E E P I O V A R C Y M A R T I N, T A T E, M O

More information

Sample Letters. Sample Letters And Optional Paragraphs

Sample Letters. Sample Letters And Optional Paragraphs Sample Letters Disclaimer The following sample letters are to be used as a guide or example, and must be adjusted to suit your client's needs. Lawyers Mutual Insurance Company of Kentucky hereby disclaims

More information

The Mortgage Brokerages and Mortgage Administrators Act

The Mortgage Brokerages and Mortgage Administrators Act MORTGAGE BROKERAGES AND 1 The Mortgage Brokerages and Mortgage Administrators Act being Chapter M-20.1* of The Statutes of Saskatchewan, 2007 (effective October 1, 2010), as amended by the Statutes of

More information

Ethical Considerations for Tribal Lawyers and Judges

Ethical Considerations for Tribal Lawyers and Judges Ethical Considerations for Tribal Lawyers and Judges The 19th Annual Tribal Law and Government Conference The Future of Indian Education University of Kansas March 13, 2015 Elizabeth Ann Kronk Warner Associate

More information

Factors to Consider When Handling a Long Term Disability Benefits Case. Several issues may arise in the course of a lawsuit for long term disability

Factors to Consider When Handling a Long Term Disability Benefits Case. Several issues may arise in the course of a lawsuit for long term disability Factors to Consider When Handling a Long Term Disability Benefits Case Several issues may arise in the course of a lawsuit for long term disability benefits. This paper provides strategic suggestions on

More information

Report to Convocation February 25, Professional Regulation Committee TAB 3

Report to Convocation February 25, Professional Regulation Committee TAB 3 TAB 3 Report to Convocation February 25, 2016 Professional Regulation Committee Committee Members Malcolm Mercer (Chair) Susan Richer (Vice-Chair) Paul Schabas (Vice-Chair) Robert Armstrong Peter Beach

More information

Attacking Claims of Privilege in a Bad Faith Action

Attacking Claims of Privilege in a Bad Faith Action Attacking Claims of Privilege in a Bad Faith Action Particularly with the advent of no-fault insurance schemes, more and more people are finding themselves embroiled in litigation with their insurance

More information

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES

RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES RULE 4-1.5 FEES AND COSTS FOR LEGAL SERVICES (a) Illegal, Prohibited, or Clearly Excessive Fees and Costs. [no change] (b) Factors to Be Considered in Determining Reasonable Fees and Costs. [no change]

More information

Ontario Supreme Court Ross v. Christian & Timbers Inc. Date: 2002-04-30 Mark Ross, Plaintiff. and. Christian and Timbers, Inc.

Ontario Supreme Court Ross v. Christian & Timbers Inc. Date: 2002-04-30 Mark Ross, Plaintiff. and. Christian and Timbers, Inc. Ontario Supreme Court Ross v. Christian & Timbers Inc. Date: 2002-04-30 Mark Ross, Plaintiff and Christian and Timbers, Inc., Defendant Ontario Superior Court of Justice Swinton J. Heard: April 18, 2002

More information

BOARD OF PROFESSIONAL RESPONSIBILITY OF THE SUPREME COURT OF TENNESSEE FORMAL ETHICS OPINION 2013-F-157 QUESTION

BOARD OF PROFESSIONAL RESPONSIBILITY OF THE SUPREME COURT OF TENNESSEE FORMAL ETHICS OPINION 2013-F-157 QUESTION BOARD OF PROFESSIONAL RESPONSIBILITY OF THE SUPREME COURT OF TENNESSEE FORMAL ETHICS OPINION 2013-F-157 Is it a conflict of interest for a lawyer who was appointed guardian ad litem to subsequently represent

More information

PROFESSIONAL RESPONSIBILITY AND ETHICAL ISSUES OF PROCEEDS OF CRIME (MONEY LAUNDERING) LEGISLATION

PROFESSIONAL RESPONSIBILITY AND ETHICAL ISSUES OF PROCEEDS OF CRIME (MONEY LAUNDERING) LEGISLATION \,.. PROFESSIONAL RESPONSIBILITY AND ETHICAL ISSUES OF PROCEEDS OF CRIME (MONEY LAUNDERING LEGISLATION. }. ~. J J ;J l, J J These materials were prepared by Allan Snell,Q.C., of The Law Society of Saskatchewan

More information

SETTLEMENT AGREEMENT AND MUTUAL RELEASE RECITALS

SETTLEMENT AGREEMENT AND MUTUAL RELEASE RECITALS SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release (the "Agreement") is made as of December 5, 2007 (the "Effective Date"), by and between RELIABLE HEALTH CARE SERVICES,

More information

Ethical Considerations for the Estate Attorney. Trusts and Estates Practice is Difficult to Categorize

Ethical Considerations for the Estate Attorney. Trusts and Estates Practice is Difficult to Categorize Ethical Considerations for the Estate Attorney Trusts and Estates Practice is Difficult to Categorize Clients are generally older, but many younger people are planning for retirement and family members.

More information

APPENDIX A. Rule 1.15 SAFEKEEPING PROPERTY. Definitions. As used in this rule, the terms below shall have the following meaning:

APPENDIX A. Rule 1.15 SAFEKEEPING PROPERTY. Definitions. As used in this rule, the terms below shall have the following meaning: APPENDIX A Rule 1.15 SAFEKEEPING PROPERTY Definitions. As used in this rule, the terms below shall have the following meaning: IOLTA account means a pooled interest- or dividend-bearing trust account benefiting

More information

THE PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE Opinion 2009-11 (December 2009)

THE PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE Opinion 2009-11 (December 2009) THE PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE Opinion 2009-11 (December 2009) The inquirer represented the Decedent in 1999 when he prepared her will. At the time, the Decedent was elderly

More information

CLS Investments, LLC Instructions for the Solicitor Application and Agreement

CLS Investments, LLC Instructions for the Solicitor Application and Agreement CLS Investments, LLC Instructions for the Solicitor Application and Agreement Please complete all fields on page 1 of the Solicitor Application and Agreement. Some general guidelines are set forth below.

More information

ORDER MO-2206 Appeal MA06-386-2 City of Ottawa

ORDER MO-2206 Appeal MA06-386-2 City of Ottawa ORDER MO-2206 Appeal MA06-386-2 City of Ottawa Tribunal Services Department Services de tribunal administratif 2 Bloor Street East 2, rue Bloor Est Suite 1400 Bureau 1400 Toronto, Ontario Toronto (Ontario)

More information

Reflections on Ethical Issues In the Tripartite Relationship

Reflections on Ethical Issues In the Tripartite Relationship Reflections on Ethical Issues In the Tripartite Relationship [click] By Bruce A. Campbell 1 Introduction In most areas of the practice of law, there are a number of ethical issues that arise on a frequent

More information

National Labor Relations Board Rules That Mandatory Arbitration Clause Violates The National Labor Relations Act

National Labor Relations Board Rules That Mandatory Arbitration Clause Violates The National Labor Relations Act National Labor Relations Board Rules That Mandatory Arbitration Clause Violates The National Labor Relations Act October 16, 2006 In a recent decision potentially affecting all companies that use mandatory

More information

BOSTON BAR ASSOCIATION ETHICS COMMITTEE OPINION 2008-01: BANKRUPTCY PRO BONO INITIATIVE SUMMARY

BOSTON BAR ASSOCIATION ETHICS COMMITTEE OPINION 2008-01: BANKRUPTCY PRO BONO INITIATIVE SUMMARY BOSTON BAR ASSOCIATION ETHICS COMMITTEE OPINION 2008-01: BANKRUPTCY PRO BONO INITIATIVE SUMMARY The Ethics Committee of the Boston Bar Association has been asked to analyze a pro bono initiative (the Pro

More information

Combar/CLLS Guidance note on the Agreement for the Supply of Services by a Barrister in a Commercial Case

Combar/CLLS Guidance note on the Agreement for the Supply of Services by a Barrister in a Commercial Case Combar/CLLS Guidance note on the Agreement for the Supply of Services by a Barrister in a Commercial Case Introduction... 2 Background... 2 Entering into an agreement incorporating the Terms... 3 The Services...

More information

SOLICITOR APPLICATION

SOLICITOR APPLICATION Date: / / SOLICITOR APPLICATION General Information Name: Birth Date: / / Office Address: City: State: Zip: E-mail address: Business phone: ( ) - Fax number: ( ) - Assistant s Name: Registered Investment

More information

Case 8:05-cv-00636-JSM-TBM Document 23 Filed 11/07/05 Page 1 of 5 PageID 127 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Case 8:05-cv-00636-JSM-TBM Document 23 Filed 11/07/05 Page 1 of 5 PageID 127 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Case 8:05-cv-00636-JSM-TBM Document 23 Filed 11/07/05 Page 1 of 5 PageID 127 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MARIJA STONE, Plaintiff, v. Case No. 8:05-cv-636-T-30TBM

More information

STANDARD CONTINGENT FEE REPRESENTATION AGREEMENT FOR INDIVIDUALS

STANDARD CONTINGENT FEE REPRESENTATION AGREEMENT FOR INDIVIDUALS Notice: This Agreement is not valid unless signed and accepted by an officer of The Feldman Law Firm, P.C., who will make the sole decision whether to accept your case. This Agreement may be digitally

More information

CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE

CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE CODE OF ETHICS AND PROFESSIONAL RESPONSIBILITY FOR DELAWARE PARALEGALS PREAMBLE The Delaware Paralegal Association advocates that paralegals have an ethical and professional responsibility in the delivery

More information

ETHICAL CONSIDERATIONS FOR THE HOMEOWNERS ASSOCIATION AND CONDO ASSOCIATION ATTORNEY. Presented May 13, 2005

ETHICAL CONSIDERATIONS FOR THE HOMEOWNERS ASSOCIATION AND CONDO ASSOCIATION ATTORNEY. Presented May 13, 2005 ETHICAL CONSIDERATIONS FOR THE HOMEOWNERS ASSOCIATION AND CONDO ASSOCIATION ATTORNEY Presented May 13, 2005 Advising Homeowners and Condominium Associations Washington State Bar Association By Joseph P.

More information

ORANGE COUNTY BAR ASSOCIATION. Formal Opinion 2011-01 (Collaborative Family Law)

ORANGE COUNTY BAR ASSOCIATION. Formal Opinion 2011-01 (Collaborative Family Law) ORANGE COUNTY BAR ASSOCIATION Formal Opinion 2011-01 (Collaborative Family Law) Issue: Can a family lawyer enter into a collaborative law agreement consistent with her ethical duties, notwithstanding the

More information

Competition Bulletin

Competition Bulletin February 2015 Competition Bulletin The Supreme Court finds that certain Provisions of Anti-Money Laundering and Anti-Terrorist Legislation are inapplicable to Legal Counsel On February 13, 2015, the Supreme

More information

Federation of Law Societies of Canada. Ottawa, November 26, 2013

Federation of Law Societies of Canada. Ottawa, November 26, 2013 Submission to the Standing Senate Committee on Banking, Trade and Commerce in Respect of Bill C-4 (a second Act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and

More information

Credit Union Board of Directors Introduction, Resolution and Code for the Protection of Personal Information

Credit Union Board of Directors Introduction, Resolution and Code for the Protection of Personal Information Credit Union Board of Directors Introduction, Resolution and Code for the Protection of Personal Information INTRODUCTION Privacy legislation establishes legal privacy rights for individuals and sets enforceable

More information

Appendix A ADVISORY COMMITTEE ON THE FUTURE HARM EXCEPTION FINAL REPORT

Appendix A ADVISORY COMMITTEE ON THE FUTURE HARM EXCEPTION FINAL REPORT Appendix A ADVISORY COMMITTEE ON THE FUTURE HARM EXCEPTION FINAL REPORT June 2, 2010 2 INTRODUCTION 1. The Advisory Committee on the Future Harm Exception was appointed in April, 2010 by the Executive

More information

SETTLEMENT AND RELEASE AGREEMENT. to herein individually as a "Party" and collectively as the "Parties." RECITALS

SETTLEMENT AND RELEASE AGREEMENT. to herein individually as a Party and collectively as the Parties. RECITALS SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement ("Agreement") is made as of this 10th day of August, 2011, by, between, and among the following undersigned parties: The Federal Deposit

More information

Lawyer Mobility in the Context of Corporate Law Departments

Lawyer Mobility in the Context of Corporate Law Departments Lawyer Mobility in the Context of Corporate Law Departments Presented by: William H. Roberts, Blank Rome LLP Jeremy A. Rist, Blank Rome LLP Kevin M. Passerini, Blank Rome LLP I. Do corporations need to

More information

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration

What to Do When Your Witness Testimony Doesn t Match His or Her Declaration What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819

More information

Interactive Brokers Hong Kong Agreement for Advisors Providing Services to Interactive Brokers Clients

Interactive Brokers Hong Kong Agreement for Advisors Providing Services to Interactive Brokers Clients Interactive Brokers Hong Kong Agreement for Advisors Providing Services to Interactive Brokers Clients This Agreement is entered into between Interactive Brokers Hong Kong Ltd ("IB") and the undersigned

More information

DECISION WITH RESPECT TO PRELIMINARY ISSUE

DECISION WITH RESPECT TO PRELIMINARY ISSUE IN THE MATTER OF THE INSURANCE ACT, R.S.O. 1990 c. I.8, as amended AND IN THE MATTER OF THE ARBITRATION ACT, S.O. 1991, c.17, as amended BETWEEN: AND IN THE MATTER OF AN ARBITRATION WAWANESA MUTUAL INSURANCE

More information

Law Society of Saskatchewan Queen s Bench Rules of Court webinars Part 1: Overview

Law Society of Saskatchewan Queen s Bench Rules of Court webinars Part 1: Overview Law Society of Saskatchewan Queen s Bench Rules of Court webinars Part 1: Overview Reché McKeague Director of Research, Law Reform Commission of Saskatchewan January 28, 2013 Table of Contents 1. Introduction...

More information

STATE BAR ASSOCIATION OF NORTH DAKOTA ETHICS COMMITTEE OPINION NUMBER 99-04 December 14, 1999

STATE BAR ASSOCIATION OF NORTH DAKOTA ETHICS COMMITTEE OPINION NUMBER 99-04 December 14, 1999 STATE BAR ASSOCIATION OF NORTH DAKOTA ETHICS COMMITTEE OPINION NUMBER 99-04 December 14, 1999 The Ethics Committee has received a request for an opinion from an attorney on the question of whether that

More information

Investment Advisory Agreement

Investment Advisory Agreement Investment Advisory Agreement Whereas ("Client") hereby appoints Fried Asset Management, Inc. ("Adviser") as investment adviser to manage the investment and reinvestment of the cash and securities in the

More information

TENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010

TENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010 TENNESSEE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS ANNUAL DUI TRAINING 2010 TUNICA, MISSISSIPPI - OCTOBER 21-22, 2010 Glenn R. Funk 117 Union Street Nashville, TN 37201 (615) 255-9595 ETHICS IN DUI DEFENSE

More information

Drafting the Joint Defense Agreement

Drafting the Joint Defense Agreement Drafting the Joint Defense Agreement (with Sample Provisions) Daralyn J. Durie Joint defense agreements have some obvious advantages, but some not-so-obvious disadvantages. If you plan to enter into one,

More information

PROFESSIONAL NEGLIGENCE ACTIONS EFFECTIVE EXPERT OPINION EVIDENCE

PROFESSIONAL NEGLIGENCE ACTIONS EFFECTIVE EXPERT OPINION EVIDENCE PROFESSIONAL NEGLIGENCE ACTIONS EFFECTIVE EXPERT OPINION EVIDENCE ) - \ These materials were prepared by Jeffrey Scott of.jeffreyd. Scott Legal Professional Corporation,. Regina, Saskatch13wan for the

More information

S.116 Of The Courts of Justice Act Can Defendants Impose A Structured Settlement on the Plaintiff? Robert Roth

S.116 Of The Courts of Justice Act Can Defendants Impose A Structured Settlement on the Plaintiff? Robert Roth S.116 Of The Courts of Justice Act Can Defendants Impose A Structured Settlement on the Plaintiff? Robert Roth Historically, at common law, a plaintiff was not obliged to accept a structured settlement,

More information

Impact of the Proceeds of Crime (Money Laundering) Act on Lawyers' Ethical And Fiduciary Duties to Clients

Impact of the Proceeds of Crime (Money Laundering) Act on Lawyers' Ethical And Fiduciary Duties to Clients Impact of the Proceeds of Crime (Money Laundering) Act on Lawyers' Ethical And Fiduciary Duties to Clients By: Victoria Rees, Director of Professional Responsibility Nova Scotia Barristers' Society Regulations

More information

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Federal Circuit NOTE: Pursuant to Fed. Cir. R. 47.6, this disposition is not citable as precedent. It is a public record. United States Court of Appeals for the Federal Circuit 05-1452 PATRIOT SCIENTIFIC CORPORATION,

More information

PERFORMANCE BONDS AND LABOUR AND MATERIAL PAYMENT BONDS: WHAT THE CONSTRUCTION INDUSTRY SHOULD KNOW

PERFORMANCE BONDS AND LABOUR AND MATERIAL PAYMENT BONDS: WHAT THE CONSTRUCTION INDUSTRY SHOULD KNOW PERFORMANCE BONDS AND LABOUR AND MATERIAL PAYMENT BONDS: WHAT THE CONSTRUCTION INDUSTRY SHOULD KNOW Deborah E. Palter, B.A., LL.B., J.D. What is a Bond? A bond is a three party written agreement. The three

More information

AMENDED AND RESTATED GUARANTEED INVESTMENT CONTRACT. by and among RBC COVERED BOND GUARANTOR LIMITED PARTNERSHIP. as Guarantor LP.

AMENDED AND RESTATED GUARANTEED INVESTMENT CONTRACT. by and among RBC COVERED BOND GUARANTOR LIMITED PARTNERSHIP. as Guarantor LP. Execution Version AMENDED AND RESTATED GUARANTEED INVESTMENT CONTRACT by and among RBC COVERED BOND GUARANTOR LIMITED PARTNERSHIP as Guarantor LP and ROYAL BANK OF CANADA as Cash Manager and GIC Provider

More information

GUARANTEED DEPOSIT ACCOUNT CONTRACT. by and among CIBC COVERED BOND (LEGISLATIVE) GUARANTOR LIMITED PARTNERSHIP. as Guarantor. and

GUARANTEED DEPOSIT ACCOUNT CONTRACT. by and among CIBC COVERED BOND (LEGISLATIVE) GUARANTOR LIMITED PARTNERSHIP. as Guarantor. and Execution Copy GUARANTEED DEPOSIT ACCOUNT CONTRACT by and among CIBC COVERED BOND (LEGISLATIVE) GUARANTOR LIMITED PARTNERSHIP as Guarantor and CANADIAN IMPERIAL BANK OF COMMERCE as Cash Manager and GDA

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE [Doc. No. 91] IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE COMMODITY FUTURES TRADING COMMISSION, Plaintiff, Civil No. 04-1512 (RBK) v. EQUITY FINANCIAL GROUP, LLC,

More information

NPSA GENERAL PROVISIONS

NPSA GENERAL PROVISIONS NPSA GENERAL PROVISIONS 1. Independent Contractor. A. It is understood and agreed that CONTRACTOR (including CONTRACTOR s employees) is an independent contractor and that no relationship of employer-employee

More information

Opinion #177. Advancing Litigation Costs Through Lines of Credit

Opinion #177. Advancing Litigation Costs Through Lines of Credit Opinion #177. Advancing Litigation Costs Through Lines of Credit Issued by the Professional Ethics Commission Date Issued: December 14, 2001 Facts and Question An attorney has requested an opinion on whether

More information

Referral Agency and Packaging Agency Agreement

Referral Agency and Packaging Agency Agreement Referral Agency and Packaging Agency Agreement Please read this agreement carefully. In signing this agreement, you acknowledge that you have read, understood and agree to be bound by each and every provision

More information

SETTLEMENT AGREEMENT

SETTLEMENT AGREEMENT Settlement Agreement File no: 200401 IN THE MATTER OF A SETTLEMENT HEARING PURSUANT TO SECTION 24.4 OF BY-LAW NO. 1 OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA Re: Investors Group Financial Services

More information

Legal Ethics Practical Tips from Where else?... Practice

Legal Ethics Practical Tips from Where else?... Practice Legal Ethics Practical Tips from Where else?... Practice Presented by: Mark C. Dosker mark.dosker@squiresanders.com Corporate Miranda or Upjohn Warnings Issues Facing Counsel at the Onset of an Internal

More information

DECISION AND REASONS FOR DECISION

DECISION AND REASONS FOR DECISION JONES AND JUSTICE OFFICE OF THE INFORMATION COMMISSIONER (W.A.) File Ref: 97023 Decision Ref: D01897 Participants: Edith Winifred Jones Complainant - and - Ministry of Justice Respondent DECISION AND REASONS

More information

A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients

A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients A Practical Summary of the New Supreme Court Civil Rules for Clark Wilson LLP Insurance Clients by: Jennifer Loeb Clark Wilson LLP tel. 604.891.7766 jrl@cwilson.com Edited by: Larry Munn Clark Wilson LLP

More information

RETAINER AGREEMENT. Dibble & Miller, P.C.

RETAINER AGREEMENT. Dibble & Miller, P.C. RETAINER AGREEMENT Dibble & Miller, P.C. Print Client s First Name, Middle Initial and Last Name This Retainer Agreement is a binding contract between the Law Firm of Dibble & Miller, P.C. and you, the

More information

CLIENT INFORMATION: GUIDELINES ON ADMINISTRATION & BILLING

CLIENT INFORMATION: GUIDELINES ON ADMINISTRATION & BILLING CLIENT INFORMATION: GUIDELINES ON ADMINISTRATION & BILLING As updated from time-to-time for billing rates and responsible attorney and, following actual notice to the client. This agreement forms the basis

More information

ORDER PO-3499. Appeal PA14-230. Ontario Securities Commission. June 16, 2015

ORDER PO-3499. Appeal PA14-230. Ontario Securities Commission. June 16, 2015 ORDER PO-3499 Appeal PA14-230 Ontario Securities Commission June 16, 2015 Summary: A requester seeks access to the pricing information attached to a contract between a transcription company and the OSC.

More information

LIMITED SCOPE REPRESENTATION

LIMITED SCOPE REPRESENTATION LIMITED SCOPE REPRESENTATION Section _.1 What is Limit Scope Representation Section _.2 Scope of Representation Rule 4-1.2(c) Section _.3 Communication Rule 4-1.2(e) Section _.4 Appearance and Withdrawal

More information

PENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE

PENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE PENNSYLVANIA BAR ASSOCIATION LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY COMMITTEE Summary PHILADELPHIA BAR ASSOCIATION PROFESSIONAL GUIDANCE COMMITTEE JOINT FORMAL OPINION 2015-100 PROVIDING ADVICE TO

More information

THIS AGREEMENT is made the day of 20. THE LAW AID TRUST of 205 William Street, Melbourne, Victoria (hereinafter called Law Aid )

THIS AGREEMENT is made the day of 20. THE LAW AID TRUST of 205 William Street, Melbourne, Victoria (hereinafter called Law Aid ) THIS AGREEMENT is made the day of 20 B E T W E E N: THE LAW AID TRUST of 205 William Street, Melbourne, Victoria (hereinafter called Law Aid ) AND [SOLICITOR FIRM] of [address] (hereinafter called the

More information

12/3/2015. Thomas J. Farrell Farrell and Reisinger, LLC Pittsburgh

12/3/2015. Thomas J. Farrell Farrell and Reisinger, LLC Pittsburgh Brian W. Perry, Esq. PSWZ Law Firm Harrisburg David J. Freed Cumberland County District Attorney Carlisle Thomas J. Farrell Farrell and Reisinger, LLC Pittsburgh A lawyer shall not represent a client if

More information

SETTLEMENT AGREEMENT BETWEEN THE AMERICAN INSTITUTE OF PHYSICS AND JEFF SCHMIDT

SETTLEMENT AGREEMENT BETWEEN THE AMERICAN INSTITUTE OF PHYSICS AND JEFF SCHMIDT SETTLEMENT AGREEMENT BETWEEN THE AMERICAN INSTITUTE OF PHYSICS AND JEFF SCHMIDT THIS SETTLEMENT AGREEMENT ( Agreement ) is made and entered into as of February 20, 2006, by and between the American Institute

More information

MULTIPLE REPRESENTATION AND DRAFTING CONTINGENCY FEE AGREEMENTS

MULTIPLE REPRESENTATION AND DRAFTING CONTINGENCY FEE AGREEMENTS MULTIPLE REPRESENTATION AND DRAFTING CONTINGENCY FEE AGREEMENTS ADVANCED PERSONAL INJURY LAW COURSE CLE TEXAS STATE BAR 2013 S AM J OHNSON S COTT, DOUGLASS & MC C ONNICO, L.L.P. A TTORNEYS A T L AW WWW.

More information

INFORMAL NEBRASKA ETHICS ADVISORY OPINION No. 12-08

INFORMAL NEBRASKA ETHICS ADVISORY OPINION No. 12-08 INFORMAL NEBRASKA ETHICS ADVISORY OPINION No. 12-08 A LAWYER IS NOT PROHIBITED BY CONFLICT OF INTEREST RULES FROM REPRESENTING A TRUSTEE WHO IS ALSO A BENEFICIARY OF THE TRUST WHEN THERE IS A DISPUTE WITH

More information

THE CORPORATE COUNSELOR

THE CORPORATE COUNSELOR THE CORPORATE COUNSELOR NOVEMBER 2013 Third-Party Litigation Investing and Attorney-Client Privilege By David A. Prange Civil litigation is potentially expensive, and achieving lucrative outcomes is not

More information

RE: 1562860 ONTARIO LTD. c.o.b. as SHOELESS JOE S Plaintiff v. INSURANCE PORTFOLIO INC. and CHRISTOPHER CONIGLIO. Defendants v.

RE: 1562860 ONTARIO LTD. c.o.b. as SHOELESS JOE S Plaintiff v. INSURANCE PORTFOLIO INC. and CHRISTOPHER CONIGLIO. Defendants v. COURT FILE NO.: 4022A/07 (Milton) DATE: 20090401 SUPERIOR COURT OF JUSTICE - ONTARIO RE: 1562860 ONTARIO LTD. c.o.b. as SHOELESS JOE S Plaintiff v. INSURANCE PORTFOLIO INC. and CHRISTOPHER CONIGLIO Defendants

More information

NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No. 12-12

NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No. 12-12 NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS No. 12-12 A LAWYER IS NOT PROHIBITED BY THE RULES OF PROFESSIONAL CONDUCT FROM SIMULTANEOUSLY SERVING AS PART-TIME COUNTY ATTORNEY OF ONE NEBRASKA COUNTY AND

More information

Louisiana State Bar Association Rules of Professional Conduct Committee

Louisiana State Bar Association Rules of Professional Conduct Committee Louisiana State Bar Association Rules of Professional Conduct Committee 1 March 29, 2008 Conflict of Interest: Simultaneous Representation of Driver and Guest-Passenger Conflicts are probably the most

More information

FORMAL OPINION NO. 2013-189. Accessing Information about Third Parties Through a Social Networking Website. Facts:

FORMAL OPINION NO. 2013-189. Accessing Information about Third Parties Through a Social Networking Website. Facts: FORMAL OPINION NO. 2013-189 Accessing Information about Third Parties Through a Social Networking Website Facts: Lawyer wishes to investigate an opposing party, a witness, or a juror by accessing the person

More information

THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK COMMITTEE ON PROFESSIONAL AND JUDICIAL ETHICS FORMAL OPINION 2009-6 AGGREGATE SETTLEMENTS

THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK COMMITTEE ON PROFESSIONAL AND JUDICIAL ETHICS FORMAL OPINION 2009-6 AGGREGATE SETTLEMENTS THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK COMMITTEE ON PROFESSIONAL AND JUDICIAL ETHICS FORMAL OPINION 2009-6 AGGREGATE SETTLEMENTS TOPIC: Multiple Representations; Aggregate Settlements; Advance

More information

A Contingency Fee Is Not a Lottery Ticket : Special Considerations for Contingency Fee Agreements

A Contingency Fee Is Not a Lottery Ticket : Special Considerations for Contingency Fee Agreements COSTS 2015 UPDATE PAPER 2.1 A Contingency Fee Is Not a Lottery Ticket : Special Considerations for Contingency Fee Agreements These materials were prepared by Andrew Morrison of Shields Harney, Vancouver,

More information

Attorney Withdrawal: The Ins-and-Outs of Getting Out

Attorney Withdrawal: The Ins-and-Outs of Getting Out Attorney Withdrawal: The Ins-and-Outs of Getting Out In a perfect world, every matter a lawyer handles for a client would come to a timely, successful, and profitable conclusion. Sometimes, however, it

More information

Camouflaged Collateral: "All Asset" Liens May Not Include Proceeds of D&O Insurance Policies in Bankruptcy

Camouflaged Collateral: All Asset Liens May Not Include Proceeds of D&O Insurance Policies in Bankruptcy Camouflaged Collateral: "All Asset" Liens May Not Include Proceeds of D&O Insurance Policies in Bankruptcy Article contributed by Lawrence V. Gelber and James T. Bentley of Schulte Roth & Zabel LLP As

More information

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying

More information

The Duty of Good Faith: Getting More (or Less) Than You Bargained For. March 6, 2013

The Duty of Good Faith: Getting More (or Less) Than You Bargained For. March 6, 2013 The Duty of Good Faith: Getting More (or Less) Than You Bargained For March 6, 2013 The Duty of Good Faith: Getting More (or Less) Than You Bargained For Ian R. Dick Jeffrey E. Goodman Frank J. Cesario

More information

CHAPTER 50. C.2A:23D-1 Short title. 1. This act shall be known and may be cited as the New Jersey Family Collaborative Law Act.

CHAPTER 50. C.2A:23D-1 Short title. 1. This act shall be known and may be cited as the New Jersey Family Collaborative Law Act. CHAPTER 50 AN ACT concerning family collaborative law and supplementing Title 2A of the New Jersey Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: C.2A:23D-1 Short

More information