[1] Unlike rules 3.4-1 to 3.4-9, which deal with current client disputes, rules 3.4.10 and 3.4-11 deal with disputes where the lawyer takes action against a former client. Rule 3.4-10 protects against the misuse of confidential information from a previous advance and ensures that counsel does not challenge legal work done in a previous advance or undermine the client`s position in a matter that was at the heart of an earlier advance. It is not unreasonable for a lawyer to take action against a former client in a new and independent matter that has nothing to do with the work he or she has already done for that client, when previously obtained confidential information is not relevant to that matter. [2] The limited nature of short-term legal services significantly reduces the risk of conflicts of interest. Therefore, a lawyer is not permitted to work for a client who receives short-term legal services only if he or she has actual knowledge of a conflict of interest in the same or related matter. For example, a conflict of interest of which the lawyer is not really aware, but which is imputed to the lawyer because of his or her membership in a law firm, association or employment, would not prevent the lawyer from representing the client who uses short-term legal services. 3.4-11.1 If there is an affiliation, before accepting an advance to provide legal services to a client at the same time as non-legal services of an affiliate, a lawyer must disclose to the client (i) after the client has received the disclosure, legal advice or representation required by subsection (b) and before proceeding with the transaction, or [2] A lawyer, who provides legal services under a limited retainer, must be careful not to act in such a way that it appears that the lawyer is providing services to the client under a full advance. [5.4] Counsel should also consider whether the existence of a limited advance should be disclosed to the court or a counterparty or, if represented, to opposing counsel and whether counsel should seek instructions from the client for disclosure. 3.2-7.3 A lawyer may not use his escrow account for purposes unrelated to the provision of legal services. “clinical training course or program” means a course, program, articling or partnership organized or accepted by an Ontario law school that provides Ontario law students with the opportunity to gain practical and applied legal experience. “short-term legal services” means the legal advice or representation of a short-term client under the auspices of a short-term provider with the expectation of the lawyer and the client that the lawyer will not provide ongoing legal advice or representation in the matter.
A spokesperson for the company told the Gazette: “Novitas` primary objective is to act in the best interests of our clients, whose claims are handled by Pure Legal Limited. Our priority is to ensure that our clients receive the highest quality of service and care. We cannot comment further on ongoing legal proceedings. [7] The lawyer should also recognize that competence for a particular task may require seeking advice or cooperating with experts in scientific, accounting or other non-legal fields, and in such a situation, where appropriate, counsel should not hesitate to ask the client to consult experts. [2A] While this rule does not require a lawyer to advise a client to obtain independent legal advice on the conflict of interest, in some cases the lawyer should recommend such advice. This is to ensure that the client`s consent is informed, authentic and informal, especially if the client is vulnerable and non-demanding. (f) the lawyer or paralegal making or receiving the referral does not provide legal services through a civil society organization. [1] The lawyer can avoid some of the problems usually considered by having a full and open conversation with the physician or health care professional, preferably before writing a medico-legal opinion, which serves to inform the physician or health care professional of the lawyer`s obligation to disclose medico-legal reports to the client. Novitas Loans, a provider of litigation loans, reportedly filed for bankruptcy with Pure Legal last month.
3.4-16.5 A lawyer may not provide or discontinue short-term legal services to a short-term client if he or she becomes aware of or becomes aware of a conflict of interest. [1] Short-term legal services, such as mandatory counselling programs, are generally provided in circumstances where, despite the best efforts and existing practices and procedures of the short-term claimant, lawyer and law firm, it may be difficult to systematically and timely seek conflicts of interest. It can be difficult to conduct a comprehensive review of conflicts in circumstances where short-term legal services are provided, given the timing, scale and logistics of the environment in which services are provided. The time required to investigate a dispute may result in qualified persons for whom these short-term legal services are available being denied access to legal assistance.