What is a lawyer's duty to warn a client of the risks associated with a settlement?
British Columbia, Canada
The following excerpt is from Campbell v. Ragona, 2010 BCSC 1339 (CanLII):
With respect to settlement, the lawyer has a duty to inform the client of all relevant matters and to warn of the risks that may accompany a proposed course of action. The extent of the lawyer’s duty will vary with the sophistication of the client: Newton v. Marzban, 2008 BCSC 328 at para. 686. Ultimately, the client makes the decision on whether to settle or not, after having been fully advised of the options and risks: Newton v. Marzban at para. 696.
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