A lawyer who represents one of the spouses in a matrimonial dispute should not act for
both spouses with respect to the sale of the matrimonial home because of the potential
for a serious conflict of interest developing.
A lawyer who acts for both spouses with respect to the sale of the matrimonial home is
acting on a joint retainer and must comply with subrules 2.04(6) -(10). When a lawyer is
retained on a joint retainer, no information received in connection with the matter from
one client can be treated as confidential as far as any of the other clients in the joint
retainer are concerned. In such a situation the lawyer has a fiduciary duty to protect both
clients and to disclose all relevant information to both clients.
Wednesday, April 10, 2013
The Document Registration Agreement (DRA)
In electronic closings, lawyers usually exchange documents, funds and keys prior to
closing and hold these items in escrow pending the electronic registration of documents.
The DRA is a standardized form of agreement entered into by the lawyers prior to
closing containing the terms of the escrow.
Lawyers who enter into DRAs incur professional obligations. The DRA contains
undertakings and the lawyer is obliged under the Rules to fulfill all undertakings given
and not to give undertakings that cannot be fulfilled.
closing and hold these items in escrow pending the electronic registration of documents.
The DRA is a standardized form of agreement entered into by the lawyers prior to
closing containing the terms of the escrow.
Lawyers who enter into DRAs incur professional obligations. The DRA contains
undertakings and the lawyer is obliged under the Rules to fulfill all undertakings given
and not to give undertakings that cannot be fulfilled.
Electronic Registration, Personal Security Package
ELECTRONIC REGISTRATION
Both the Rules and the Practice Guidelines for Electronic Registration of Title
Documents (Electronic Registration Practice Guidelines) contain requirements or
suggested procedures to be followed by lawyers in the electronic registration of title
documents.
PERSONAL SECURITY PACKAGE (PSP)
A PSP is the personalized specially encrypted diskette or key and the corresponding
pass phrase used to access the e-reg™ system. The Rules impose obligations on
lawyers to safeguard their PSPs and to ensure that non-lawyers employed by them also
safeguard their PSPs.
Both the Rules and the Practice Guidelines for Electronic Registration of Title
Documents (Electronic Registration Practice Guidelines) contain requirements or
suggested procedures to be followed by lawyers in the electronic registration of title
documents.
PERSONAL SECURITY PACKAGE (PSP)
A PSP is the personalized specially encrypted diskette or key and the corresponding
pass phrase used to access the e-reg™ system. The Rules impose obligations on
lawyers to safeguard their PSPs and to ensure that non-lawyers employed by them also
safeguard their PSPs.
Real Estate Practice Guide
INTRODUCTION
This handbook is a guide to help lawyers and their staff better understand some of the
regulatory requirements and guidelines relating to the practice of real estate. This
handbook is not intended to cover every possible ethical situation encountered in the
practice of real estate law. In order to ensure compliance, lawyers should refer to the
Law Society Rules of Professional Conduct (Rules) and By-Laws.
This handbook is a guide to help lawyers and their staff better understand some of the
regulatory requirements and guidelines relating to the practice of real estate. This
handbook is not intended to cover every possible ethical situation encountered in the
practice of real estate law. In order to ensure compliance, lawyers should refer to the
Law Society Rules of Professional Conduct (Rules) and By-Laws.
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