Ontario Barrister and Solicitor Practice Exam

How can a lawyer limit liability when not completing certain searches upon the request of a client?

1. By obtaining verbal confirmation from the client only

2. By performing the searches anyway without informing the client

3. By explaining the risks, confirming in writing, and obtaining a signed direction

4. By documenting the refusal in an internal memo only

The correct answer is: By explaining the risks, confirming in writing, and obtaining a signed direction

A By obtaining verbal confirmation from the client only - This option may not be sufficient to limit liability as it may not provide evidence of the client's understanding and consent. B: By performing the searches anyway without informing the client - This option could potentially expose the lawyer to even more liability as they proceeded without informing the client of the risks. D: By documenting the refusal in an internal memo only - This option also may not be sufficient to limit liability as it does not ensure that the client was made aware of the risks involved.