The third edition of The Law of Independent Legal Advice is updated with hundreds of new decisions and still remains the only book in Canada to provide one-stop shopping for lawyers, judges, and law students regarding the law of independent legal advice (ILA), including a review of all relevant Canadian case law and the factors that courts consider when deciding when particular transactions warrant ILA.

Topics in this edition include:

Ethical standards: Discussion of the lawyer's professional obligations under federal and provincial codes of conduct regarding: the standard of care for ILA; how to handle conflicts of interest between clients; how to handle conflicts between the lawyer and the client; and a lawyer's duty to recommend that unrepresented person obtain ILA or independent legal representation.
Non est factum, undue influence, duress, and unconscionability: Detailed analysis of how the law of ILA, properly applied, can minimize the risk of transactions or estate plans being set aside on grounds of non est factum, undue influence, physical or economic duress, and unconscionability.
Bank guarantees: Detailed commentary on the duty of banks to recommend ILA, the role of ILA regarding the enforceability of bank guarantees, along with a detailed review of banking jurisprudence involving ILA where guarantees were enforced or not enforced.
Family law agreements: Overview of the law of domestic contracts and the role of ILA regarding their enforceability, including a detailed review of family law jurisprudence and the factors courts consider in determining the impact of ILA on the enforceability of domestic contracts for unrepresented spouses.
Employment releases/settlements: Discussion of employment law jurisprudence where ILA played a role in the enforceability of settlements reached between an employer and employee regarding severance packages and general releases signed by employees in settling any claims against their employer.
Corporate transactions: Discussion of ILA-related issues in corporate law, including transactions between shareholders and the company and ethical issues for inside and outside corporate counsel dealing with unrepresented shareholders or other stakeholders.
Insurance law releases/settlements: Overview of the impact of ILA on the enforceability of insurance law releases and settlements between an insured and insurer, including discussion of when coverage issues arise that may require that independent counsel be appointed for the insured.
NEW! Estate planning: Discussion of the ethical obligations and standards of care governing ILA and estate planning lawyers regarding: receiving gifts from clients, drafting wills and joint retainers for mutual wills, and dealing with unrepresented beneficiaries; also brief discussion of legal advice privilege when a lawyer is asked to prepare joint or mutual wills, when a certificate of ILA is provided, and when disclosure is needed to prove the intention of the testator, along with a discussion on passing of accounts and costs issues involving ILA and estate litigation.
NEW! Self-represented litigants and amicus curiae: Discussion of the challenges facing self-represented litigants (SRLs) in litigation; ethical considerations for judges and lawyers dealing with SRLs; issues facing SRLs and amicus curiae appearing before administrative boards and in civil, criminal and family law litigation; costs awards involving self-represented litigants and amicus curiae.
Legal malpractice and ILA: Comprehensive review of legal malpractice jurisprudence where lawyers failed to recommend ILA or provided ILA but did so incompetently.
Practical tips: Discussion on the use of ILA checklists, common legal issues that arise when providing ILA, practice tips for litigators for pleading claims or defences regarding ILA and conducting examinations for discovery, and establishing effective office procedures for ILA.
Research references: Detailed research references at the end of all major chapters, including lists of leading books, law reform commission reports, academic law journal articles, and continuing legal education seminar papers. Also included, where applicable, are relevant entries from the following databases on WestlawNext Canada: the Canadian Encyclopedic Digest (CED); Causes of Actions, Remedies and Defences; Proof of Facts; Legal Topics; Legal Memoranda; and Canadian Abridgment case digests.

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The Law of Independent Legal Advice, Third Edition

The Law of Independent Legal Advice, Third Edition