Does a solicitor have an obligation to advise the client to obtain independent advice?
British Columbia, Canada
The following excerpt is from Chudy v. Merchant Law Group, 2008 BCCA 484 (CanLII):
In [Waldock v. Bissett (1992), 67 B.C.L.R. (2d) 369 (C.A.], at p. 7, Southin J.A. stated: There is no rule of law or equity that a solicitor entering into an agreement with his client must advise the client to obtain independent advice. Such advice is often wise for the protection of the solicitor even if not for the client. But the true obligation is to advise the client, if as here the agreement will have the effect of depriving the client of his existing legal right to performance of the earlier contract, of that legal right. [Emphasis added by trial judge.]
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