Does a solicitor have a fiduciary duty to warn the client of a potential future loss of a client's assets?
Alberta, Canada
The following excerpt is from Spence v. Bell, 1982 ABCA 282 (CanLII):
A distinction must be made between a case where the solicitor is actually aware of the problem, and one where he is not aware but ought to be. When he is actually aware, a special duty is imposed upon him to express his knowledge of the pitfall to the client by virtue of the fiduciary relationship between them. See Spector v. Ageda [1971] 3 All E.R. 417 at p.430.
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