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are champertous. Generally, contractual rights are assignable, for example, the assignment of a debt by a creditor is legitimate and the assignee can sue the debtor in the assignee's name. Douglas G. Stokes of Miles Davison LLP says: "[The decision] recognizes that a properly function- ing lawyer-and-client rela- tionship requires full and frank communication. That communication can be compromised if the lawyer is to be wary that he may be called upon to account to complete strangers to the relationship. It recognizes that claims against lawyers cannot be bought and sold like commer- cial paper or pork bellies." Karin Schwab, of Fraser The decision shows a properly functioning lawyer-and-client rela- tionship requires full and frank com- munication, says Douglas Stokes. Milner Casgrain LLP in Edmonton, says this is a case of professional negli- gence. "The twist here, aris- ing from the deceased's two sons taking an assignment of the estate's claims against the divorce lawyer, is highly unusual and very rare. The overall result in this case speaks more to the calibre of the 'advice' these two sons received from their coun- sel in, first of all, agreeing to the wife's appointment as the administrator of her estranged husband's estate, and secondly, to the wisdom of suing the divorce lawyer in the first place even before taking an assignment of the estate's negligence claim against the divorce lawyer." Schwab doesn't believe the decision will have much impact on pratice. "The standard of care of the divorce lawyer has not been modified. The chief cause for the lack of success to the two sons was the fact that their decision, not to contest the appointment of the wife, made them the authors of their own misfortune." Gwen K. Randall, of Davis LLP in Calgary, says she was involved in a series of oil and gas lawsuits several years ago where a third party obtained assignments of the claims from the other litigants and was carrying the litigation. "We did do some research as to whether to challenge the assignments on the basis of champerty but we decided against it. Champerty is also rare in Alberta because it is lawful to accept cases on contingency." — DIANE L.M. COOK dianecook@shaw.ca Adam S Soberman_CL_Feb_10.indd 1 www. C ANADIAN Law ye rmag.com FEBRU AR Y 2010 13 1/22/10 1:30:29 PM