Ethics Flashcards
If a solicitor receives a communication indicating that an opponent’s solicitor mistakenly thinks a hearing date is the day after the actual hearing date, what must they do?
The solicitor must alert the mistaken solicitor to the error; otherwise the non-mistake solicitor is misleading the opponent’s solicitor by omission to act.
Principle: A solicitor must not mislead another party or the court.
A client has asked a solicitor to include unreasonable and onerous clauses in an agreement with an unrepresented party, what should the solicitor do?
They should not include the clauses. The client should be informed that solicitor’s may not take unfair advantage of another party.
What is an undertaking?
A written or oral statement by a solicitor or a member of the firm that they will do something.
What is the effect of giving an undertaking?
The solicitor is personally bound by it and it can be enforced in court.
