What is a lawyer’s duty to pursue a client's claim resolutely and honourably?

British Columbia, Canada


The following excerpt is from Mcleod (Re), 2020 LSBC 33 (CanLII):

While it is a lawyer’s duty to pursue a client’s claims resolutely and honourably and act as a client’s advocate, this obligation is not untrammelled. A lawyer who receives instructions contrary to law, or that he knows or should know are improper or would lead to actions inconsistent with the lawyer’s professional obligations, should refuse to act. As the panel in Law Society of BC v. Kirkhope, 2013 LSBC 18 stated at para. 46, “… when … a client asks his or her lawyer to do something that is inconsistent with the lawyer’s professional obligations, that lawyer must say no. There is no flexibility on this issue.”

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