Question

Lawyers who fail to abide by their profession's Code of Conduct may be sanctioned by their governing body, which in Alberta, is the Law Society of Alberta. What does section 3.2-4 of the Code of Conduct require?

a. A lawyer may decide to obtain instructions from the client on all matters not falling within the express or implied authority of the lawyer.

b. A lawyer must obtain instructions from the client on all matters, and there are no exceptions to this rule.

c. A client must obtain instructions from the lawyer on all matters not falling within the express or implied authority of the client.

d. A lawyer must obtain instructions from the client on all matters not falling within the express or implied authority of the lawyer.

Answer 1

Answer: d) A lawyer must obtain instructions from the client on all matters not falling within the express or implied authority of the lawyer.

"The code of conduct specifically mentions, a lawyer should obtain instructions from the client on all matters not falling within the express or implied authority of the lawyer".

Therefore option a) is incorrect since it uses the term "may" instead of "should" with respect to obtaining instructions from the client on matters not falling within the express or implied authority.

Similarly option b) is also incorrect since there is an exception in obtaining instructions ie: not falling within the express or implied authority.

there has been no mention regarding client obtaining instructions as mentioned in option c).