Dear all,

I would be interested in any cases concerning this issue, particularly
relating to professions other than solicitors.

I am aware that the point was considered in Gold v Mincoff Science &
Gold. In that case, a solicitor negligently allowed his client to
enter into mortgages on disadvantageous terms. The solicitor was
subsequently retained in connection with the refinancing of the
earlier mortgages. The later mortgages contained the same
disadvantageous language as the earlier mortgages. It was held that
had the solicitor advised compotantly pursuant to the second retainer,
he would inevitably have advised his client to seek independent legal
advice concerning his earlier retainer. The Court was careful to make
it clear that this was an exceptional case and that solicitors were
not to be subjected to onerous general retainers. It also relied on
the solicitor's professional duty to advise the client to seek
independent legal advice, in circumstances where the solicitor became
aware of a possible negligence claim against themselves (which seems
to encapsulate a fiduciary duty).

I know that Gold has been considered in a number of subsequent English cases.

As above, I would be interested in how this general issue has been
dealt with in other jurisdictions and in the context of other
professions, such as say accountants, engineers, etc.

Many thanks

Kind regards

Ger