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Reporting a breach of undertaking

The following are resources that may be helpful in answering your enquiry. Please familiarize yourself with them before moving on.

In brief: Code rule 7.1-3 requires a lawyer to report a breach of undertaking that has not been consented to or waived. Sometimes the lawyer who has been the recipient of the undertaking will waive or consent to the breach when their client has not been materially prejudiced; waiver or consent can occur after the breach of undertaking has occurred.

Key Resources

Code - Lawyer’s duty to report to the Law Society in the event of a breach of undertaking or trust condition: BC Code rule 7.1-3(a.1).

Additional Reading

Code - Undertakings: BC Code rule 5.1-6.

Code - Undertakings and trust conditions: BC Code rule 7.2-11.

Next Steps

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