For some time, solicitors have had to balance the need to act in the best interests of their clients, while at the same time avoiding potential civil liability.
For example, failing to comply with a client’s instructions may risk the solicitor being in breach of both his contractual obligations to his client (including his duty of confidentiality) and his professional duties. Conversely, if he follows his client’s instructions where a third party is beneficially entitled to the monies transferred, the adviser may, where ‘dis-honest assistance’ can be shown, be held to have accessory liability as a constructive trustee.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
