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Lawyer moves to a new firm — When a lawyer changes law firms, the lawyer will be assumed to be sharing confidential information about past clients with members of the new firm unless adequate screening measures are in place to show that...
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Before agreeing to a joint retainer, you should explain the concept of undivided loyalty to each client. In most jurisdictions, you are not permitted to keep information confidential from either client. You should also explain that if an unresolvable conflict arises between them, you will be forced to withdraw and will not be able to represent either one of them. Some jurisdictions for example, Alberta permit a joint retainer with confidentiality screens whereas the rules in other jurisdictions for example, Ontario and British Columbia are categorical in prohibiting a lawyer from keeping information confidential from one client within a joint retainer. If a joint retainer with confidentiality screens is permitted, it will be essential to obtain fully informed consent in writing after each client receives independent legal advice. What use can I make of information disclosed during discovery? Can I use it in other or subsequent litigation?
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Generally, you cannot use information disclosed during discovery in other or subsequent litigation. The "deemed undertaking rule", also referred to as the "implied undertaking rule", is a court-created rule that is now codified in the rules of procedure in many jurisdictions. This rule provides that evidence compelled from a party to civil litigation during pre-trial discovery can be used by the parties only for the purpose of the litigation through which it was obtained.
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The deemed undertaking rule is separate from and not connected to solicitor-client privilege or the duty of confidentiality. Exception to the deemed undertaking rule: The rules in some jurisdictions provide that the information can be used in specific circumstances, including: with consent for impeachment purposes by obtaining a court order after the information is filed as evidence with the court or referred to during a hearing see, for example, Ontario Rule of Civil Procedure Footnotes: See Juman v.
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Doucette, SCC 8, [] 1 S. I am acting as defence counsel in criminal proceedings. What are my disclosure obligations to the prosecution? Crown prosecutors have a duty to disclose all relevant information to the defence as a result of the Supreme Court of Canada's decision in R. Unlike the Crown, the role of defence counsel is purely adversarial. The CBA explains the role of advocates in adversary proceedings as being "openly and necessarily partisan" and, therefore, "the lawyer is not obliged to assist an adversary or advance matters derogatory to the client's case. Only the client may decide if the privileged communications may be shared with anyone. There are three exceptions to the general absence of a disclosure requirement for the defence: An alibi should be disclosed in sufficient time to allow it to be properly investigated.
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That is the subject of Question Footnotes R. Stinchcombe, [] 3 S. See Krieger v. Law Society of Alberta, [] 3 S. It was described as "settled law" by the Supreme Court in R. Cleghorn, [] 3 S. This proper disclosure has two components: adequacy and timeliness. Warning was given that "[f]ailure to give notice of alibi does not vitiate the defence, although it may result in a lessening of the weight that the trier of fact will accord it. Worth, [] O. The court determined that there is in fact an obligation to disclose this defence, and to make the accused available for examination by Crown psychiatrists. Criminal Code, R. C, s. My client wants to pay me in cash. May I accept a cash payment? More particulars and certain exceptions for institutional clients appear in each Law Society's rules.
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Note that paying you in cash will not mean that the client avoids a record of the transaction. You are obligated to follow certain record-keeping requirements for all clients. Law Society rules now contain very specific requirements regarding client identification, verification, and record-keeping. Basic record-keeping requirements: All law societies now require some basic record-keeping requirements.
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You must obtain and verify client information and keep records on the following matters for all clients: The client's full name. The client's business address and business telephone number, if applicable. For clients who are individuals, the client's home address and home telephone number. For clients who are individuals, the client's occupation or occupations. For a client organization, other than a financial institution, public body or reporting issuer, the organization's incorporation or business identification number and the place of issue of its incorporation or business identification number, if applicable, as well as the general nature of the type of business or businesses or activity or activities engaged in by the client. For a client organization, the name, position, and contact information for each individual who gives instructions with respect to the matter for which you are being retained.
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For a client acting for or representing a third party, information about the third party as set out above, as applicable. I have come into possession of evidence of a crime from a client. What do I do? Solicitor-client privilege draws a distinction between "communications" and "evidence". Physical evidence of a crime is not protected by solicitor-client privilege because it is not an oral or written communication, it is physical evidence. However, anything that a client tells you about the evidence would be covered by the privilege so long as it is not considered a communication in furtherance of a future crime as discussed in Question 5. Coming into possession of physical evidence of a crime is fraught with legal and ethical dangers for you.
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You should seek advice from your Law Society and possibly from counsel. If you retain physical evidence of a crime, you run the risk of being charged with obstruction of justice under section 2 Criminal Code, which makes it an offence to "willfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding", or possibly with being an accessory after the fact under section 23 1 of the Criminal Code. In the leading case on this issue, the lawyer was charged with obstruction of justice: R.
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Guidance on this matter is provided by Michel Proulx and David Layton in their text Ethics and Canadian Criminal Law where they advise: There must be a legitimate reason to take the item. Possession and retention are only justified where reasonably necessary for the purposes of representation: that is, in order to prepare a defence.
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Counsel cannot examine or test the item in a manner that alters or destroys its material characteristics. Counsel must retain the item only for the time reasonably necessary to complete the examination or testing. Counsel who removes incriminating physical evidence from its original location risks losing the protection of legal professional privilege. This loss of privilege would include the facts surrounding the item's location and condition; counsel may even be required to be a witness. Murray, Justice Gravely of the Ontario Superior Court outlined three "legally justifiable options" once counsel realizes that they are improperly in possession of incriminating physical evidence: Immediately turn over the evidence to the prosecution, either directly or anonymously. Deposit it with the trial judge. Options two and three are only available to counsel when the client has already been charged with an offence and proceedings are underway.
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If you come into possession of physical evidence of a crime prior to proceedings being commenced against your client in relation to the evidence, the best course of action is for you to retain independent counsel and instruct that counsel to turn the evidence over to the Crown. The communications between you and the independent counsel will be protected by solicitor-client privilege.
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This procedure will also enable the communications between your client and you regarding the evidence to remain privileged and may help to avoid the scenario where you could be called as a witness against your client. Murray, [] O. Can I disclose privileged information to the successor in title of a corporate client? Does it matter whether the company was taken over through a share sale or asset purchase? The share sale is the easier case as the privilege remains with the corporation when it is sold.
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While control of the corporation may change, the corporation remains the client. Where assets are purchased, the issue turns on whether the purchaser is the successor-in-title. It has long been held that solicitor-client privilege flows through to successors-in-title. Thus, the privilege of the original owner continues to a successor in title. In other words, solicitor-client privilege that is "owned" by a business owner passes to a successor-in-title to the business, and can be asserted and maintained by the subsequent owner. Footnotes Geffen v. Goodman Estate, [] 2 S.
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The Chapter 7 Resource Masters includes the core materials needed for Chapter 7. These materials include worksheets, extensions, and assessment options. The Chapter 7 Resource Mastersincludes the core materials needed for Chapter 7. Find SR. Find the value of x. Find AD so that. Just preview or download the desired file. Chapter 7 Resource Masters. Answers for Workbooks The answers for Chapter 7 of these workbooks can be Choose your answers to the questions and click 'Next' to see the next set of questions.
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Lesson Study Guide and Intervention The Chapter 7 Resource Masters includes the core materials needed forChapter 7. These materials include worksheets, extensions, and assessment options. Theanswers for these pages appear at the back of this booklet. Vocabulary Builder Pages vii-viiiinclude a student study tool that presents up to twenty of the key vocabulary termsfrom the chapter. You may suggest that students highlight or star the terms with which they are not familiar. When to Use Give these pages to studentsbefore beginning Lesson Encourage themto add these pages to their Pre-Algebra StudyNotebook. Remind them to add definitionsand examples as they complete each lesson.
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There is one Study Guide andIntervention master for each lesson. When to Use Use these masters as reteach-ing activities for students who need addi-tional reinforcement. These pages can alsobe used in conjunction with the StudentEdition as an instructional tool for studentswho have been absent. Skills Practice There is one master foreach lesson.
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These provide computationalpractice at a basic level. When to Use These masters can be usedwith students who have weaker mathematicsbackgrounds or need additional reinforcement. Practice There is one master for each lesson. These problems more closely followthe structure of the Practice and Apply section of the Student Edition exercises. These exercises are of average difficulty. When to Use These provide additionalpractice options or may be used as home-work for second day teaching of the lesson. Reading to Learn MathematicsOne master is included for each lesson. Thefirst section of each master asks questionsabout the opening paragraph of the lesson inthe Student Edition.
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Additional questionsask students to interpret the context of andrelationships among terms in the lesson. Finally, students are asked to summarizewhat they have learned using various repre-sentation techniques. When to Use This master can be used as a study tool when presenting the lesson or as an informal reading assessment after presenting the lesson. Enrichment There is one extension master for each lesson. These activities may extend the concepts in the lesson, offeran historical or multicultural look at theconcepts, or widen students perspectives on the mathematics they are learning. These are not written exclusively for honorsstudents, but are accessible for use with alllevels of students. When to Use These may be used as extracredit, short-term projects, or as activitiesfor days when class periods are shortened.
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The following lists describe eachassessment master and its intended use. Chapter Assessment Chapter Tests Form 1 contains multiple-choice questions and is intended for use with basic levelstudents. Forms 2A and 2B contain multiple-choicequestions aimed at the average level student. These tests are similar in formatto offer comparable testing situations. Forms 2C and 2D are composed of free-response questions aimed at the averagelevel student.
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These tests are similar informat to offer comparable testing situa-tions. Grids with axes are provided forquestions assessing graphing skills. Form 3 is an advanced level test withfree-response questions. Grids withoutaxes are provided for questions assessinggraphing skills. All of the above tests include a free-response Bonus question. The Open-Ended Assessment includesperformance assessment tasks that aresuitable for all students. A scoring rubric isincluded for evaluation guidelines. Sampleanswers are provided for assessment. A Vocabulary Test, suitable for all stu-dents, includes a list of the vocabularywords in the chapter and ten questionsassessing students knowledge of thoseterms. This can also be used in conjunc-tion with one of the chapter tests or as areview worksheet. Intermediate Assessment Four free-response quizzes are included to offer assessment at appropriate inter-vals in the chapter. A Mid-Chapter Test provides an optionto assess the first half of the chapter.
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It iscomposed of both multiple-choice andfree-response questions. Continuing Assessment The Cumulative Review provides students an opportunity to reinforce andretain skills as they proceed throughtheir study of Pre-Algebra. It can also be used as a test. This master includesfree-response questions. The Standardized Test Practice offerscontinuing review of pre-algebra conceptsin various formats, which may appear onthe standardized tests that they mayencounter.
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This practice includes multiple-choice, grid-in, and open-ended questions. Bubble-in and grid-in answer sections areprovided on the master. Answers Page A1 is an answer sheet for the Sta.
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