What is the legal test for recommending independent legal advice?
British Columbia, Canada
The following excerpt is from Harding (Re), 2016 LSBC 9 (CanLII):
This is an area of trepidation for lawyers. It is tempting but not appropriate for lawyers to decide that they can “fix” the error so there is no utility to recommending independent legal advice. The duty to recommend independent legal advice is based on an objective standard. It is part of a lawyer’s fiduciary duty to his or her client, which includes scrupulous adherence to the obligation not to put the lawyer’s own interests ahead of the client and to be candid, even where they have a plan to remedy the situation: Law Society of Alberta v. Chick, [2008] LSDD No. 155. …
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