On October 4th, 2007, members of the Edmonton Bar gathered at Edmonton City Hall for this group photo taken on the steps inside the foyer. Photos can be ordered from the photographer Bill Hill. Go to: www.lawsocietyalberta.com for more details.
Conduct Report and Warning
continued from page 04
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| Receiving funds from non-clients is full of risks and should be avoided. When the non-client loses money the lawyer is usually both sued and the subject of a complaint to the Law Society. The involvement of a lawyer raises unrealistic expectations in the mind of the unrepresented party and the absence of clear conditions associated with the provision of funds creates risk. If the lawyer attempts to clarify the conditions or seeks to protect or secure the unrepresented party, the lawyer’s actions may be in conflict with the client’s interests. |
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The situation is replete with danger to the lawyer, the solicitor/client relationship, and the reputation of the profession. With limited exceptions, for example receiving funds from a bank which is funding against the delivery of security by the lawyer, the best rule is to refuse to accept funds from unrepresented parties. The best practice is to have the unrepresented party obtain separate counsel or, failing that, have the unrepresented party make the payment directly to the client. | |
New Law Librarian Appointed By Doug Mah, QC, Joint Library Committee
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