Law Society of Saskatchewan
Find Legal AssistanceMember ProfileMember ResourcesContact
  • 0
    Cart
  • My Account
  • About Us
      • slider_1Latest News
      • Pride Month 2022
      • Court of Queen’s Bench Administrative Notice
      • New Judicial Appointments in the Province of Saskatchewan
      • News
        • Legal Sourcery
        • Podcast
        • ReSource
        • Videos
        • Benchers’ Digest
        • Case Mail
      • Mission and Values
      • Committees and Task Forces
      • Convocation
      • Benchers
        • Bencher Election 2018
        • Bencher Election 2021
      • Annual and Financial Reports
      • Contact Us
  • Initiatives
    • slider_1Initiatives
      The Law Society is seeking to identify legal service providers for new initiatives. This unique approach, the first of its kind in Canada, enables the Law Society to expand access to appropriately regulated legal services in a responsible and sustainable manner. The overall goal is to balance the need for enhanced access to legal services for underserved Saskatchewan citizens while ensuring public protection. For more information, click below. Consultation
      • Access to Justice
        • Future of Legal Services Initiative
        • Limited Scope Legal Services – Information for the Public
        • Limited Scope Legal Services – Information for Lawyers
      • Equity, Diversity and Inclusion
        • Equity Office
      • Legal Information
        • Legal Information Guidelines
        • Saskatchewan Access to Legal Information
      • Innovating Regulation
      • Truth and Reconciliation
        • Additional Resources
        • Notice to Day School Survivors
      • Saskatchewan Justicia Project
  • Regulation
    • slider_1Remote Executing Of Certain Documents And Remote Witnessing Of Wills By Electronic Means Legislation Now Permanent
      We are happy to announce that today, the Government of Saskatchewan repealed the temporary emergency regulations related to remote execution of certain documents and wills and replaced those regulations with permanent regulations allowing for remote execution of documents via electronic means (i.e. video calls) to continue long-term beyond the end of the public emergency period. Practice Directives
      • Definition of the Practice of Law and Unauthorized Practice of Law
      • Firm Regulation
        • Designated Representative (DR) Hub
      • Act, Code and Rules
        • The Legal Profession Act, 1990
        • Code of Professional Conduct and Amendments
        • Law Society Rules, Amendments and Practice Directives
        • Rules Concordance – Read More
      • Hearings, Decisions and Rulings
        • Pending Discipline Matters
        • Discipline Decisions
        • Conduct Review Database
        • Ethics Rulings Database
        • Pending Admissions and Education Matters
        • Admissions and Education Decisions
        • Disqualification and Reinstatement
      • Lawyers with Practice Conditions/Restrictions
      • Lawyer Trusteeships and Successors
      • Potential Complaint Outcomes
        • Ethics Committee
        • Competency Committee
        • Conduct Investigation Committee
  • Public
    • slider_1New Law Society Complaint Form
      The goal is to assist and encourage complainants to provide clear and concise descriptions of their concerns, and reduce confusion by removing technical terms that may not be fully understood by members of the general public (i.e.: “conflict of interest”). Complaint Form
      • Finding Legal Assistance
      • Find Legal Assistance Search Guidance
      • What to Expect From Your Lawyer
      • Looking For Lost Wills
      • Making a Complaint
        • Complaints Process
      • Common Client Concerns
        • Understanding Lawyers’ Fees
        • Quality of Service
        • Conflict of Interest
        • Confidentiality
        • Withdrawal
        • File Transfers
      • Common Client Concerns
        • Role of an Estate’s Lawyer
        • Role of Opposing Lawyer
        • Breach of Trust Conditions/Undertakings
        • Lawyer’s Conduct in Court
        • Lawyer’s Outside Interests
  • Lawyers and Students
    • hiring sign resizedCareer and Volunteer Opportunities
      • Becoming a Lawyer in Saskatchewan
        • Students-at-law
        • Transfer Lawyers
        • International Applicants
      • Becoming a Principal
      • Career And Volunteer Opportunities
        • Students Seeking Articles
      • Membership Services
      • Awards, Bursaries, Scholarships
      • Consultation
      • Locum Registry
      • Practice Advisor Program
      • Forms and Fees
        • Law Society Forms
        • Trust Account Forms
      • Western Conveyancing Protocol
        • Protocol for Saskatchewan
      • Practice Resources
        • General Resources
        • Queen’s Bench Rules
      • Health and Wellness
  • Legal Resources
  • CPD
    • slider_1Continuing Professional Development
      • CPD Activities
        • CPD Calendar of Activities
        • CPD On Demand (Subscription)
        • CPD Activity Application Form
        • Recorded Versions Shop
        • Study Group Resources
      • CPD Policy
        • Reporting CPD Hours
        • Eligible CPD Activities
        • Approved Providers
        • Remedial CPD Plan Information
        • FAQs
        • Transition to One-Year CPD Term
      • Contact Us
      • Volunteers
      • Presenter Section
  • Shop
Law Society of Saskatchewan Legal Ethics This Week in Legal Ethics – New Ethics Ruling

This Week in Legal Ethics – New Ethics Ruling

August 1, 2018

LegalEthicsBannerBy Melanie Hodges Neufeld

The Law Society’s Ethics Committee recently released the following Ethics Ruling as guidance for the profession. For your convenience, I’ve listed the ruling below but it can also be found in our Ethics Rulings Database.

If you have any questions or concerns  regarding this post, please contact the Law Society at (306) 569-8242 or 1-833-733-0133.

 

Date:                           June 26, 2018
Cite as:                       2018 SKLSPC 3
Classification:          Conflicts of Interest – Joint Retainers, Rule 3.4-5
Practice Area:          Real Estate

Facts

This was a request for Ruling by Lawyer X.  Lawyer X requested the assistance of the Ethics Committee regarding the commentary [3] to Rule 3.4-5 of the Code of Professional Conduct which states that “[n]otwithstanding any other provisions of the Code of Professional Conduct, a lawyer shall not act for both the builder or developer and the purchaser in a real estate transaction resulting from the construction of a new home, even if the parties consent.”

Lawyer X’s client, a home builder, wants to provide an incentive to purchasers to buy its homes by providing the legal and ISC costs associated with the purchase at no charge to the purchaser.  This would be facilitated by Lawyer X who would also be acting for the Purchaser.

Lawyer X understands that this provision was put in place to prevent situations where a lawyer acting for a Builder and a Purchaser also acts for the Purchaser’s lender, which could result in possible disputes regarding loan advances and hold backs for deficiencies.

Ruling

The Ethics Committee reviewed Rule 3.4-5 of the Code of Professional Conduct including commentary [3] and found that the commentary was clear and should not give rise to confusion or disagreement in the legal community; a lawyer is not allowed to represent both the builder or developer and the purchaser in a real estate transaction resulting from the construction of a new home.

Lawyer X’s proposal is not allowed under the Code of Professional Conduct.  The Ethics Committee determined it is not in a position to grant exceptions to the Code of Professional Conduct.

 

Share this:
  •  
  •  
  •  
  •  
  •  
  •  

Comments are closed.

Archives

Categories

Subscribe Now

Subscribe for the latest news from our blog "Legal Sourcery".

Submit News Post

Submission Guidelines

Archives

Categories

Online Tools

  • Search
  • Contact Us
  • Terms of Use

Quick Links

  • About Us
  • LSS Initiatives
  • For Lawyers & Students
  • For the Public
  • Regulation
  • CPD

Subscribe Now

Subscribe for the latest news from our blog "Legal Sourcery".

Stay Connected

Twitter
Facebook
Linkedin

© 2022 Law Society of Saskatchewan. Website & Hosting by OmniOnline