What are the options available to a client who has been advised by their lawyer that their lawyer is in breach of their fiduciary duty?
Canada (Federal), Canada
The following excerpt is from R. v. Neil, [2002] 3 SCR 631, 2002 SCC 70 (CanLII):
37 A client whose lawyer is in breach of his or her fiduciary duty has various avenues of redress. A complaint to the relevant governing body, in this case the Law Society of Alberta, may result in disciplinary action. A conflict of interest may also be the subject matter of an action against the lawyer for compensation, as in Szarfer v. Chodos, supra. Breach of the ethical rules that could raise concerns at the Law Society does not necessarily give grounds in a malpractice action or justify a constitutional remedy.
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