[1977]DLHC1333 • February 2, 1977 • High Court
JONES vs. BUCKLE AND OTHERS
The case concerns objections raised against the competency of Messrs. Gaisie, Zwennes and Hughes to act as solicitors for the first defendant, and against Mr. BrodieMends appearing as solicitor or counsel for the first defendant. The objections stem from prior dealings where Mr. BrodieMends had represented a member of the plaintiff's family on the same subject matter now in dispute, raising concerns about conflict of interest and breach of fiduciary duty.
read moreJUDGMENT OF OWUSU-ADDO J. I have chosen to preface this ruling with a quotation from Cordery on Solicitors (5th ed.) at p.118, from which I have derived some assistance in my attempt to resolve the issues raised herein. It reads: “The relationship existing between a solicitor and his client is recognised in equity as a fiduciary one imposing on the solicitor special obligations. In his dealings with his client the solicitor must exercise the utmost good faith, and in any financial transaction with his client (save as to costs for work done) there will be a presumption that such transaction should not be upheld unless the solicitor can establish that it was effected by the free exercise of the client’s will and without any influence on the part of the solicitor.” I do not find it necessary here to reproduce the facts averred in the pleadings of this suit. What I am called upon to decide as preliminary issues raised herein, are: (1) whether Messrs. Gaisie, Zwennes and...