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Questions and Answers
What is the primary obligation of a lawyer when communicating with a represented person or organization?
What happens if a lawyer gives an undertaking that cannot be fulfilled?
What is the purpose of a lawyer's undertaking in the course of litigation?
Who is authorized to act on behalf of a corporation or organization in a matter?
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What is the consequence of a lawyer not fulfilling an undertaking given in a timely manner?
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What is the primary consideration for a lawyer when communicating with a represented person or organization?
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What is the purpose of a trust condition in a legal matter?
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Who is responsible for ensuring that an undertaking is fulfilled in a timely manner?
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What is the purpose of a lawyer's undertaking in a legal matter?
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What is the consequence of a lawyer not honouring a trust condition once accepted?
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Study Notes
Financial Obligations
- A lawyer must promptly meet all financial obligations incurred on behalf of a client in the course of practice.
- The lawyer's responsibility to make payments to third parties, such as experts or consultants, is a professional duty separate from legal liability.
- This duty includes honoring promises made to third parties, even if not personally liable.
Outside Interests and Conflicts
- A lawyer must be alert to potential conflicts of interest when involved in activities outside of their legal practice, such as politics or the performing arts.
- The lawyer must ensure that their outside interests do not make it difficult to distinguish between their personal and professional capacities or give rise to a conflict of interest.
Undertakings and Trust Conditions
- A lawyer's undertaking is a personal promise and responsibility, unless clearly qualified.
- Lawyers must not give an undertaking that cannot be fulfilled and must fulfill every undertaking in a timely manner.
- In litigation, a lawyer must strictly and scrupulously fulfill any undertaking given and honour any trust condition once accepted.
Communications with Represented Persons or Organizations
- A lawyer must not communicate, facilitate communication, or deal with a represented person or organization unless authorized or required by law.
- The prohibition applies only where the lawyer knows that the entity is represented in the matter to be discussed.
- The lawyer must respect the relationship between the represented person or organization and their legal practitioner.
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Description
This quiz covers legal ethics, professional responsibility, and financial obligations for lawyers, including activities related to and outside of legal practice.
