Does a departing lawyer have a duty to the new law firm or lawyer?
Ontario, Canada
The following excerpt is from Robert Findlay Law Office Professional Corporation v Werner, 2015 ONSC 2955 (CanLII):
Regardless as to which duty is owed by the departing lawyer, liability of the new law firm, or lawyer, only arises if he or she “…knowingly assisted in a fraudulent and dishonest breach of trust. This type of liability is referred to as knowing assistance”. See: Gold v. Rosenberg, 1997 CanLII 333 (SCC), [1997] 3 S.C.R. 767 (S.C.C), at para. 26.
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