Protecting a client always requires considering their individual circumstances, including capacity. LESA’s newly available paper, “Capacity Assessments and the Commercial Solicitor” outlines the obligations of a commercial solicitor to assess capacity under contract law and the Law Society of Alberta’s Code of Conduct. This paper outlines the obligation of a commercial solicitor to assess capacity, provides identifiers for when capacity might be in question, and explores best practices for fulfilling any duty to assess capacity.
This paper also outlines the jurisprudence that sets out solicitor obligations in assessing capacity in every transaction. It provides a helpful overview for how to assess capacity and includes a thorough discussion over the following key considerations:
- Indicators of diminished capacity
- Possible cognitive, emotional, and behavioral signs of incapacity
- Qualifying factors in assessing signs of diminished capacity
- Recommended practices when assessing capacity
- Legal considerations
Thank you to Jeffrey R. Fixsen, partner at Duncan Craig LLP for authoring this paper. If you are a LESA Library subscriber (either to the Business Law collection or to the complete LESA Library), click here to read the full paper.
If you are not yet a LESA Library subscriber, you can purchase and download this paper here.