A Legal Inquiry

Hawke's Bay Herald-Tribune, Issue 16, 3 February 1937, Page 7

A Legal Inquiry

"IN DOUBT."

(To the Editor.) Sir, — Perhaps through your valuable columns you could and would be good enough to ahswer a query that concerns eeveral lessees in this district? "A" occupies a property owned by an estate for which a member of a certain legal firm, "B" is a trustee. Wishmg to claxify his position under the operation of the Mortgage Relief Act, "A" calls (naturally enough) upon "B'-' as his landlord for the desired information, and in due course receives' in his mail-box an - account for legai advice. Now, just what is the position? Is "B", as trustee for the estate, entitled .to make a charge to a tenant of that estate? Thankingj you, Sir, in antieipation of a clarifying of the position. — Yours, etc..

Hastings, Feb. 2, 1937.

The lessee has no right to expect free advice concerning the legal position from a solicitor • just because that solicitor's firm happens to be trustee for the lessor's estate. As the lessor's trustee the solicitor has no obligation to promote the interests of the lessee, who would be the only party to gain by any alteration in ther terms of the lease. Therefore any advice he gives the lessee must. be given in • his capacity as a solicitor, and for this he is entitled to payment. If. the lessee has any proposal to make regarding the lease he is of course entitled to state it to the .trusteeB of the estate, but he cannot expect to receive legal guidance unless he deals with the solicitor as his own legal adviser and not ■ as trustee for the other party — Editor.