A, B and C v D and E Limited  NZHC 992
Could a lawyer be liable to disappointed children for a client’s decision to transfer assets to a trust?
One of the fundamental duties of a solicitor is to implement the instructions given to him or her by a client. But what if those instructions are morally dubious? Where a third party suffers a loss, can the lawyer say that he or she was only following instructions? The answer is a clear ‘no’ if the client’s instruction relates to a breach of the client’s fiduciary duties. A recent case suggests that such breaches might be more common than previously thought.Read More