A solicitor acting as agent for a principal solicitor in a mortgage transaction who discovers facts that may materially affect the value of the lender's security must not proceed to settlement without satisfying themselves that the principal solicitor has informed the investors and obtained their instructions. The mere receipt of a valuation and costs memorandum from the principal solicitor is insufficient to discharge this duty. The fiduciary duties of a solicitor do not include a duty to exercise reasonable care and skill; such duties are tortious in nature. A representation that a valuation is 'independent' in the context of mortgage lending means independent of the borrower or any person associated with the borrower.
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