Does a solicitor have a fiduciary obligation to the client in order to meet the obligations incurred by the client while providing legal services?
British Columbia, Canada
The following excerpt is from Felty v. Ernst & Young LLP, 2013 BCSC 815 (CanLII):
The plaintiff cites Her Majesty the Queen v. Merchant Law Group, 2010 FCA 206, where Dawson J.A., giving reasons for the court, said at para. 25: 25 In my respectful view, the Judge erred in law by relying upon the general nature of the solicitor-client relationship. As a matter of law it does not follow that, because the solicitor-client relationship is generally one of agency, all financial obligations incurred by a lawyer while providing legal services are incurred as agent of its clients. ...
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