Question
Bill was an unscrupulous lawyer having financial difficulties. He had a very wealthy client, Mona, who was age 88 and living in a nursing home.
Bill was an unscrupulous lawyer having financial difficulties. He had a very wealthy client, Mona, who was age 88 and living in a nursing home. She relied on Bill to conduct all her business affairs and she trusted him completely. She owned a lot of Real Estate in downtown Charlottetown and had a stock portfolio worth approximately $2,000,000.00. Her eyesight was failing but her mind was clear. Bill had her sign some documents which he told her were authorizations to sell shares when in fact they were deeds to some of her properties transferring them into his own name. Bill normally read the documents for Mona, because she could not see. Bill sold these properties and pocketed the money. Bill was still desperate and began to actively try to isolate Mona from her friends and family. He told Mona that they were after her money. He persuaded her to sell a valuable painting to a friend of his at a price greatly below market value. Bill developed a drinking problem and his behavior became more erratic. One day he tried to get Mona to sell some valuable shares but she refused and he shouted at her that she had better sign if she knew what was good for her. She signed the documents reluctantly but has called a new lawyer and wants to bring an action to recover money she has lost to Bill. Please advise her on the various legal arguments she could make.
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