A solicitor retained to advise on allegations arising from a solicitor-client transaction must advise on the presumption of undue influence and the difficulty of rebutting it, even where the client is a fellow solicitor and even where the client does not specifically request such advice. The duty extends to advising on the risk of rescission where the right to rescind has been reserved, even if not yet formally claimed. Damages for professional negligence may include amounts paid by a third party (such as a family trust company) on behalf of the plaintiff in respect of the plaintiff's liabilities.
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