Ontario Barrister and Solicitor Practice Exam

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What is the lawyer's obligation when the seller in a transaction does not want to retain legal counsel?

  1. Provide advice to the seller

  2. Ensure the seller knows their interests are not protected

  3. Act on behalf of both parties

  4. Refer the seller to another lawyer

The correct answer is: Ensure the seller knows their interests are not protected

If the seller does not want to retain legal counsel, it puts them at a disadvantage in the transaction. The lawyer's obligation in this situation is to ensure that the seller understands this and the potential consequences. Option A and C are incorrect because the lawyer cannot provide advice or act on behalf of the seller without being retained. Option D is also incorrect because the lawyer still has an obligation to the seller and cannot simply refer them to another lawyer without fulfilling their duty. Therefore, the only correct choice is option B, as it correctly states the lawyer's obligation in this situation.

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