What analysis is needed to determine whether the previous solicitor was acting on instructions?
British Columbia, Canada
The following excerpt is from Ng v. Schell, 2011 BCSC 1605 (CanLII):
The first analysis, of course, is whether the previous solicitor was acting on instructions. One of the leading cases in British Columbia is that of Smoliak v. Smart (Guardian ad litem of), [1995] B.C.J. No. 1559 (S.C.) where, at para. 17, Drake J. held: 17 Solicitors, of course, are agents of their clients in accordance with the terms of their retainers; and when retained to conduct litigation have the authority to compromise and settle an action brought for a client.
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