Attempting to Impose Inappropriate Conditions
A lawyer or limited licensee cannot impose trust conditions or undertakings that:
- are unreasonable, impractical and clearly unfair;
- have the effect of changing the terms of the transaction;
- impose trust conditions on the use of property by the other party after it has already been delivered; or
- impose their own trust conditions on the original trust conditions.
Trust conditions or undertakings should:
- be in writing;
- be clear and detailed in their terms; and
- state the time within which the conditions must be met.
See section 7.2-11, commentaries [1], [2] and [8] 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 a lawyer or limited licensee has imposed improper trust conditions, submit a complaint.
Common Questions
Yes, but you should be very careful. Trust conditions placed on people who are not lawyers or limited licensees can only be enforced in court under contract law. The Law Society cannot enforce a trust condition on someone who is not a lawyer or limited licensee. See section 7.2-11, commentary [6] of the Law Society of Saskatchewan Code of Professional Conduct or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.