Can a lawyer who acts as an acting qua lawyer for a plaintiff in a personal injury action be held liable for improper conduct?
Alberta, Canada
The following excerpt is from Gone Hollywood Video Ltd. v. Skrabek, 1997 CanLII 14762 (AB QB):
There is no allegation of any improper act done by the lawyer which was not done by her acting qua lawyer. That being the case, and applying the principle quoted from German v. Major (supra), the lawyer would have no duty to the plaintiffs to act properly in the conduct of this action.
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