Anda di halaman 1dari 1

Transacton with Client could act for client, but first duty is to client

Lawyer's client is regulated lender

Substantal risk that lawyer's loyalty to/representaton of client would be


Own Borrowing from Client: General prohibiton, 2 exceptons
Interest client is related person
Personal Relatonships Not prohibited, but high chance of CoI
Lawyer's Can't Represent Opposing Clients in Dispute, even with consent
Duty to
Another McKercher Bright Line Rule: Can't act for client whose interests are directly adverse to immediate legal interests of
materially and adversely afected by:

Client another current client unless consent (even if unrelated matters, unless unreasonable for client to expect)

Lawyer's
Duty to Same/Related Matter: Can't act unless former client consents
Confict of Interest

Former
New Matter: Can't act Former client consents
Client (Duty
of against former client if Partner/Associate can act if former
Confidenta you have relevant client consents
lity confidental informaton -
Contnues) exceptons: Can act if law firm shows adequate measures

Joint (a) lawyer actng for both


Retainer:
Must (b) no confidentality between clients
advise that:
(c) if confict, lawyer may have to withdraw
Lender is bank/ finance company
Borrower/
Lawyer's Lender: Lender selling real property, mortgage is part of purchase price
Duty to Generally
Third prohibited, Remote locaton
Person some Consideraton < $50,000
exceptons:
Not at arm's length
Generally ok to have two lawyers at same firm (stll joint retainer)

Transferor/ One lawyer Land Registraton Reform Act permits (ex.// T'or and T'ee are same)
Transferee: can
represent T'or and T'ee and "related persons"
if: Remote Locaton

Anda mungkin juga menyukai