Question
Professionals owe various duties to their clients. Where there is a breach of a duty owed by a professional to a client, a client can
- Professionals owe various duties to their clients. Where there is a breach of a duty owed by a professional to a client, a client can use in the courts for damages. An example of a lawsuit brought against a professional is the case of Robertson v. Arthikharnu, 2015 ABPC 257. After locating and reading the Court's decision, identify the statement below which is TRUE
A. Ms. Robertson was Mr. Arthikharnu's client.
B. The Court dismissed Ms. Robertson's claim and awarded judment to Mr. Arthikharny on his counterclaim
C. Mr.Athikharnu sought the return of legal fees and disbrursements already paid in the amount of $5,256.46
D. There was no written retainer agreement between Ms. Robertsin and Mr, Arthikharnu
- Based on the decision of the Court in Robertson v. Arthikharnu , 2015 ABPC 257, which statement below is FALSE ?
A. As set out in the decision, the overriding duty of a lawyer as an officer of the court is to represent his or her client honourably and in accordance with the Code of Conduct
B. If a lawyer breaches the terms of her retainer or otherwise fails in her obligations to her client, she cannot be sued in Alberta. A client's remedy is restricted to bringing a complaint against the lawyer to the Law Society of Alberta.
C. Lawyer in Alberta are considered officers of the court.
D. A breach of the Code of Conduct does not automatically provide a defence to a claim for fees, nor is it automatically the foundation for a counterclaim.
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