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Know Your Rights When You Require A Professional’s Service
A professional such as a lawyer, doctor, and accountant legally owes a duty of care under a certain set of circumstances to another under his/her care. (professional negligence) The degree of care is what a reasonable and prudent person in place of the professional would exercise in the circumstances. Failure to exercise the duty is negligence. […]
Know Your Rights When You Require A Professional’s Service
A professional such as a lawyer, doctor, and accountant legally owes a duty of care under a certain set of circumstances to another under his/her care. (professional negligence)
The degree of care is what a reasonable and prudent person in place of the professional would exercise in the circumstances. Failure to exercise the duty is negligence.
A lawyer for instance cannot act for two clients with conflicting interests in the same transaction. A hypothetical example of this is a borrower who wants to secure funding from a lender. A lawyer should send one of the parties here to seek an independent legal advice. Waiver or consent of one or two parties to the lawyer to act for both in the same transaction is fatal to the exercise of the duty of care owed by the lawyer to each party.
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