Canadian Immigration Lawyer should clear out all the instructions and information relating to the same to both the parties that are the lender and the borrower and all such relevant information which is connected to such transactions. Full advice should be provided by the Canadian Immigration Lawyer even if the parties do not even ask for it as they consider such Canadian Immigration Lawyer so trustworthy. When entering into the agreement relating to the mortgage when the relationship of the lender or the borrower exists, it is the same as that of any other normal joint client in the retainer’s agreement. If the borrower gives any advice regarding any of the confidential information and even tells the Canadian Immigration Lawyer not to disclose the same information to the lender then it would lead to the conflict of interest to the lender’s side in case of joint retainers agreement which might lead to the withdrawal of the case from the lawyer’s side as well or forced to do so. Acting on the behalf of the transferee or the transferor.
Generally speaking, in case of transfer of the title of the property, it requires two lawyers, one from the seller’s side and one Canadian Immigration Lawyer from the buyer’s side. There can be an exception in such scenarios when the Canadian Immigration Lawyer of transferor side and the Canadian Immigration Lawyer from the transferee side are somehow in association with each other or working in the same law firm, then in such situations, the conflict of interest should be observed by the firm. Even if there arises a situation where both the parties give a written consent as to make one Canadian Immigration Lawyer for consultation or advice and execute the case in the same manner by entering into joint retainer’s agreement, that Canadian Immigration Lawyer should use extra care and precaution in dealing with such cases.
Otherwise, it is logical that Canadian Immigration Lawyers should not act on the behalf of both the clients in joint retainers’ agreement as it becomes problematic to handle both the parties in case any issue arises and try to solve them and can even lead to a conflict of interest. Such kind of probability is very high in case of property transfer between the transferor and the transferee. In joint retainers, whenever there is the advice given to one party it sometimes becomes or likely to create a conflict for the other party. Also, when the agreement with the parties is on the verge of closing and suddenly there arises any conflict between the parties, then the option to withdraw by such a Canadian Immigration Lawyer is also very limited and even the rights of the clients can also be prejudiced. So, all such factors should be taken into consideration before entering into a joint retainer’s agreement.