A solicitor who receives a commission from the opposing party in a transaction breaches fiduciary duty unless fully informed consent is obtained from the client after adequate opportunity to obtain independent legal advice. The mere signing of a fee agreement does not constitute informed consent where the solicitor has not adequately explained the conflict or the need for independent advice. However, knowing participation by the paying party requires actual knowledge of the circumstances constituting the breach, not merely knowledge that a commission is being paid.
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