CHAPTER 1　INTERPRETATION AND DEFINITIONS

1.1　DEFINITIONS

1.1-1 In this Code，unless the context indicates otherwise，“associate” includes：

（a）a lawyer who practised law in a law firm through an employment or other contractual relationship；and

（b）a non-lawyer employee of a multi-discipline practice providing services that support or supplement the practice of law；

“client” means a person who：

（a）consults a lawyer and on whose behalf the lawyer renders or agrees to render legal services；or

（b）having consulted the lawyer，reasonably concludes that the lawyer has agreed to render legal services on his or her behalf.

and includes a client of the law firm of which the lawyer is a partner or associate，whether or not the lawyer handles the client’s work.

Commentary

［1］A lawyer-client relationship may be established without formality.

［2］When an individual consults a lawyer in a representative capacity，the client is the corporation，partnership，organization，or other legal entity that the individual is representing；

［3］For greater clarity，a client does not include a near-client，such as an affiliated entity，director，shareholder，employee or family member，unless there is objective evidence to demonstrate that such an individual had a reasonable expectation that a lawyer-client relationship would be established.

A “conflict of interest” means the existence of a substantial risk that a lawyer’s loyalty to or representation of a client would be materially and adversely affected by the lawyer’s own interest or the lawyer’s duties to another client，a former client，or a third person.

“consent” means fully informed and voluntary consent after disclosure

（a）in writing，provided that，if more than one person consents，each signs the same or a separate document recording the consent；or

（b）orally，provided that each person consenting receives a separate written communication recording the consent as soon as practicable；

“law firm” includes one or more lawyers practising：

（a）in a sole proprietorship；

（b）in a partnership；

（c）as a clinic under the ［provincial or territorial Act governing legal aid］；

（d）in a government，a Crown corporation or any other public body；or

（e）in a corporation or other organization；

“lawyer” means a member of the Society and includes a law student registered in the Society’s pre-call training program；

“limited scope retainer” means the provision of legal services for part，but not all，of a client’s legal matter by agreement with the client；

“Society” means the Law Society of 〈province or territory〉；

“tribunal” includes a court，board，arbitrator，mediator，administrative agency or other body that resolves disputes，regardless of its function or the informality of its procedures.