What are the indicia used to determine a lawyer is acting for the client?
Prince Edward Island, Canada
The following excerpt is from Gillis v. Mullin et al, 2014 PESC 23 (CanLII):
In Jeffers v. Calico Compression Systems 2002 ABQB 72, Hawco J. stated at para 8: ...These indicia include: a contract or retainer; a file opened by the lawyer; meetings between the lawyer and the party; correspondence between the lawyer and the party; a bill rendered by the lawyer to the party; a bill paid by the party; instructions given by the party to the lawyer; the lawyer acting on the instructions given; statements made by the lawyer that the lawyer is acting for the party; a reasonable expectation by the party about the lawyer's role; legal advice given; and legal documents created for the party.
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