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Old 06-13-2017, 12:01 PM
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Originally Posted by OrleansLawyer View Post
Some reasons could be:
- they are not being paid by their client
- their retainer does not extend to dealing with real estate matters
- they are inexperienced with real estate matters and will have nothing of value to add
- their instructions are unreasonable and so they will have nothing of value to add

If the OP is looking to find the lawyer liable, it matters whether they are following instructions or are acting independently. If OP brings a suit against the lawyer, and the lawyer's defence is "this was outside my retainer, I told the real estate agent to talk to my client directly, why do people keep harassing me about this" then OP will end up with a hefty cost award for losing a civil case.

That being said, lawyers are expected to ensure compliance with court orders - they cannot advise or facilitate the breach of orders.
Going after a lawyer in a law suit...good luck with that. Instead I would fille a complain with Upper law society of Canada, let them investigate.

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