Ontario Barrister and Solicitor Practice Exam

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When a client of a joint retainer requests a variation of one Will, the lawyer must do what?

  1. Proceed without consent

  2. Obtain consent from the other party

  3. Advise the client to seek another lawyer

  4. Complete the variation in secret

The correct answer is: Obtain consent from the other party

When a client of a joint retainer requests a variation of one Will, the lawyer must obtain consent from the other party because it is important to maintain equitable representation and avoid any potential conflicts of interest. Proceeding without consent or completing the variation in secret would violate ethical and legal responsibilities. Advising the client to seek another lawyer would also be inappropriate as it goes against the professional duty to provide competent and diligent representation.

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