Immunity of Advocates from Suit: The Unresolved Issue

Abstract

The author examines the issue of whether a lawyer should be immune from suits for negligence in the conduct of litigation. He reviews existing authorities focusing on recent decisions of the House of Lords in Saif Ali v. Sydney Mitchell 8c Co. (a firm) and others, P (third party) and discusses whether, in Canada, such an immunity should exist, concluding that the arguments against immunity outweigh those in its favour.