Not Pursue a Matter
A lawyer or limited licensee should refuse to pursue a matter for a client if it is:
- to discourage a client from starting or continuing useless proceedings;
- clearly done out of spite by the client and only meant to harm the other person; or
- knowingly helping or allowing a client to do something the lawyer or limited licensee thinks is dishonest or wrong.
See sections 3.2-4 and 5.1-2 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
A lawyer or limited licensee must also be honest and candid with their client. This includes:
- giving the client all information they have that may affect the client’s interests; and
- telling the client what they honestly think about the merits of the case and likely results.
Being firm but not rude does not break the lawyer or limited licensee’s ethical rules. Sometimes they may need to explain the worst-case scenario so the client can make an informed choice.
See section 3.2-2, commentaries [2] and [3] of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
If you have considered the risks involved with each option presented to you, and disagree with the recommendation of the lawyer or limited licensee, you may:
- get a second opinion
- proceed with an option contrary to that recommendation
A lawyer or limited licensee to tell a client that they will stop representing them if the client does not agree to a settlement they recommend. This could show a serious loss of trust if the client no longer trusts the advice of the lawyer or limited licensee.
See section 3.2-2, commentary [1] of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
If you believe the refusal by a lawyer or limited licensee to pursue the matter is unjustified, submit a complaint.