12 Questions
What is the nature of the relationship between an attorney and a client?
Fiduciary relationship
Which of the following is a duty of an attorney in the fiduciary relationship with a client?
Exercising due care and skill in good faith
In the context of attorneys at law, what does undue influence refer to?
Overt pressure by a dominant party against others
Why is it important for an attorney in a fiduciary relationship not to make secret profits?
To maintain the trust and confidence of the client
What must be proven to establish actual undue influence in the context of attorneys at law?
Exerting overt pressure through threats or coercion
Which term describes a situation where an attorney keeps interest or has a scheme in the context of their fiduciary duties?
'Secret profit' situation
What does presumed undue influence arise out of?
A relationship where one person takes unfair advantage of another's influence
According to the Etridge case, what is a key requirement for presumed undue influence?
The client must place trust in the attorney-at-law for managing financial affairs
How can an attorney-at-law rebut the presumption of undue influence?
By acting with complete faithfulness and fairness
Which of the following is considered a 'suspicious transaction' that may lead to presumed undue influence?
Gifts to an attorney-at-law by a client
What is the legal outcome of transactions entered into under undue influence?
They are voidable at the person influenced or their representative's request
What does Rule 64 (Code) in Knowles v Francis specify?
Prohibition against attorneys purchasing the subject matter of a case they are handling for a client
Explore the fiduciary relationship between attorneys and clients, focusing on the duties of due care, skill, good faith, avoiding profit-making, undue influence, conflicts of interest, and maintaining confidentiality. Understand the ethical standards and expectations in this legal relationship.
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