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Undertakings

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

In brief: A lawyer must not give an undertaking that cannot be fulfilled, must fulfill every undertaking given and honour every trust condition once accepted. Undertakings should be written or confirmed in writing and should be absolutely unambiguous in their terms. If a lawyer giving an undertaking does not intend to accept personal responsibility, this should be stated clearly in the undertaking itself. Trust conditions are equivalent to undertakings, and should be clear, unambiguous and explicit and should state the time within which the conditions must be met. For more context, check out the resources below.

Key Resources

Code - Acting as an advocate: BC Code rule 5.1-2.

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

Code - Duty to report a breach of undertaking: BC Code rule 7.1-3(a.1).

Additional Reading

Code - Annotations to Code rule 7.2-11.

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