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Click here for Current Practice Standards - Table of Contents

 

Standard 4.4


Identification

A lawyer must take reasonable steps to confirm the identity of a person who:

(a) signs a document in a transaction where the lawyer is responsible for the proper execution of the document;

(b) executes a document the lawyer witnesses;

(c) swears an affidavit before the lawyer; or

(d) gives a solemn declaration to the lawyer.1

The lawyer must take reasonable steps to document the confirmation in the lawyer's file or by other means.
____________________

Note:

  1. Yamada v. Mock; Miller et al., Third Parties (1996), 29 O.R. (3d) 731. Supervision of employees: Legal Ethics and Professional Conduct Handbook Commentaries 19.4 (ensuring work done by qualified lawyer), 19.6 (work by legal assistant), 19.7 (supervision and education of legal assistant)


New Standard approved by Council November 24, 2006

 

 

 
     
       

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