What is the Law Society of Upper Canada's position on consent for a lawyer who has a sexual relationship with a vulnerable client?
Ontario, Canada
The following excerpt is from Law Society of Upper Canada v. Carlesso, 2014 ONLSTH 129 (CanLII):
The Law Society’s position was based on the following cases. In Law Society of Upper Canada v. Joseph, [2003] L.S.D.D. No. 34, the hearing panel noted the importance of independent legal advice as an element in obtaining proper consent where it is proposed that a lawyer act for a vulnerable client with whom the lawyer has a personal and sexual relationship, particularly where the client has become dependent on the lawyer.
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