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The Law Society of Ontario (LSO) has published a new guide to assist lawyers and paralegals navigate the complex issues of capacity in the context of a legal retainer. The new guide is split into 8 sections, and provides information on:
- The Law Society’s requirements
- Understanding legal capacity
- Recognising duress and undue influence
- Conducting capacity assessments
- Addressing red flags
- Recommended steps
- Related resources
- Practice area guidance
The purpose of the guide is to provide legal practitioners with basic foundational information and support to navigate concerns regarding a client’s capacity to provide instructions or make decisions in the context of a legal matter. It is not a substitute for a licensee’s own legal judgment, rather it is a helpful resource which expands upon guidance already found in the LSO’s Rules of Professional Conduct regarding the lawyer-client relationship and a client’s capacity.
The LSO’s new guide is practical, concise and will be of considerable assistance to lawyers who do not typically encounter capacity issues with their clients or who are new to understanding legal capacity. Moreover, many licensees in Ontario are sole practitioners and do not have ready access to subject matter experts to point them in the right direction when these issues arise.
The Guide to Navigating Client Capacity Concerns is accessible on the LSO website at: Guide to navigating client capacity concerns – Lawyer | Law Society of Ontario
