7.2
Your Duties to an SRP

Generally, the duties you owe to another lawyer apply equally to an SRP. The following are some of the duties to keep in mind, but you should review the Code of Conduct for an exhaustive list:

  • You must be courteous and civil to an SRP and act in good faith (Rule 7.2-1 of the Code). Notably, you should agree to reasonable requests concerning trial dates, adjournments, the waiver of procedural formalities and similar matters that do not prejudice the rights of your client (Rule 7.2-1[4] of the Code).
  • You must not lie to or mislead an SRP (Rule 7.2-2 of the Code).
  • You must avoid sharp practice and must not take advantage of or act without fair warning upon slips, irregularities or mistakes on the part of an SRP not going to the merits or involving the sacrifice of your client’s rights (Rule 7.2-3 of the Code).
  • If you become aware that you have inadvertently misled an SRP, or that the client or someone allied with the client has misled an SRP, subject to confidentiality, you must immediately correct the resulting misapprehension on the part of the SRP (Rule 7.2-5 of the Code).  This also applies when you or your client have made a material representation that was accurate when made but has since become inaccurate.
  • You must not, in the course of your practice, communicate to an SRP in a manner that is abusive, offensive, or otherwise inconsistent with the proper tone of a professional communication from a lawyer (Rule 7.2-6 of the Code).
  • You must answer with reasonable promptness all communications from an SRP that require an answer and be punctual in fulfilling all commitments (Rule 7.2-7 of the Code).

In addition, Rule 7.2-12 requires lawyers dealing with SRPs to advise them to obtain independent legal representation.  You must also make it clear that you are acting exclusively in the interests of your own client to ensure that the SRP does not have the impression that you are also protecting the SRP’s interests. You should always be aware of the other party’s circumstances in considering how to communicate with them. The Code of Conduct recommends that, among other relevant factors, you consider the SRP’s level of sophistication, relationship to the client and the nature of the matter.

Last modified: Monday, 21 August 2023, 9:35 AM