What is the impact of adverse costs on a lawyer's confidentiality?
Ontario, Canada
The following excerpt is from Triple 3 Holdings Inc. v. Jan, 2006 CanLII 30457 (ON CA):
This issue must be considered against the backdrop of the well-known general admonition that courts must be extremely cautious in awarding costs personally against a lawyer. This reflects the lawyer's duty of confidentiality and the professional obligation to advance the client's case to the best of the lawyer's ability. The lawyer should not be placed in a position where fear of an adverse costs order may conflict with those duties. See Young v. Young, 1993 CanLII 34 (SCC), [1993] 4 S.C.R. 3, [1993] S.C.J. No. 112, at p. 136 S.C.R.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a single mother have an adverse impact on child care costs? (Ontario, Canada)
Does a plaintiff have to pay the costs of preparing a Bill of Costs and costs submission in a personal injury case? (Ontario, Canada)
What are the implications of the Court of Appeal's decision to order a lawyer to pay a lawyer's costs of more than $200,000? (Ontario, Canada)
What is the impact of the conduct of plaintiffs’ counsel on the award of costs in Rule 49.10? (Ontario, Canada)
What is the impact of the Court of Appeal’s decision not to bar a lawyer from representing a client in a personal injury matter? (Ontario, Canada)
What is the test for determining the quantum of a lawyer's costs? (Ontario, Canada)
Can a lawyer be held liable for a binding deal that was negotiated prior to the lawyer even being retained? (Ontario, Canada)
What is the impact of bad faith in determining costs in a personal injury action? (Ontario, Canada)
What is the impact of a medical malpractice case on the economic impact of the case? (Ontario, Canada)
What is the impact of anti-Semitic references on a lawyer's discipline? (Ontario, Canada)
