Friday, September 16, 2016

Failure to comply with Rules can lead to personal liability for costs

Adlair v Nunavut 2016 NUCJ 23:\

Lawyers have an ethical and professional duty to ensure that the advice they give a client, and the actions they take, are proper. In other words, every lawyer has a duty to present the case for their client in good faith, according to the Rules of Court and the applicable law; in this case the laws of evidence. An affidavit may be the sworn evidence of the client, but it is the lawyer's duty to ensure that the affidavit is drafted and submitted according to the rules. In Canada, a lawyer who fails in this basic duty runs the risk that costs shall be imposed against him or her. 

No comments: