Ontario Barrister and Solicitor Practice Exam

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What action is required from a lawyer when a client in a joint retainer intends to be the sole title holder?

Proceed without consulting the other party
Consult with the lender only
Receive instructions from all parties and the lender
Advise against changing the title documents

The correct answer is: Receive instructions from all parties and the lender

When a client in a joint retainer intends to be the sole title holder, it is important for the lawyer to receive instructions from all parties involved, including the client and the lender. This is necessary in order to ensure that all parties are properly informed and in agreement with the change in the title documents. Option A is incorrect because proceeding without consulting the other party can lead to misunderstandings and potential legal disputes. Option B is also incorrect because the lawyer should consult with all parties, not just the lender. Option D is incorrect because the lawyer should not simply advise against changing the title documents without discussing the matter with all parties involved. Thus, option C is the most appropriate action for a lawyer to take in this situation.