Chapter 8

Fiduciary and Other Duties



This chapter deals with the fiduciary duties of lawyers. These duties are central to concepts such as conflict of interest. Many regulatory requirements are derived from fiduciary obligations imposed by the law independently of codes or rules. Fiduciary or trust obligations in relation to client funds have become particularly important in recent years in relation to misapplied mortgage advances. The chapter also deals with the lawyer’s duty of confidence and legal professional privilege, with undertakings and authority and concludes in identifying some particular risks associated with defamation in connection with legal services.