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2. Determine if you are being asked to represent both sides of a dispute. 3. Consider the nature of your retainer and the duties to your client (s) 4. Determine if you may have a personal interest conflict. 5. Determine if you have a current client conflict. 6.
- Personal Interest Conflicts
- Current Client Conflicts
- Former Client Conflicts
- Third Party Conflicts
- Transferring Between Law Firms
- Related Resources
- Supports
A licensee’s own interestscan compete with the duty of loyalty owed to their client or their ability to independently represent their client’s interests. A personal interest includes not only the licensee’s own interests, but also the interests of others connected to the licensee, such as the licensee’s partners, associates, or family members.
Current client conflicts may or will arise when acting: 1. for opposing parties in a dispute 2. in a joint retainerwhere the interests of the parties diverge 3. for more than one client in separate but related matters, or 4. for clients in unrelated matters where the duties owed to one client conflict with the duties owed to another client. To prot...
Licensees owe duties to former clients that may create a conflict of interest. These duties include not acting, without the former client’s consent, in a matter: 1. That is the same or related to the former client’s matter regardless of whether the former client’s confidential information is at risk, and 2. Where the confidential information the li...
Duties owed to third personscan also create a conflict of interest. Licensees owe a duty of confidentiality to anyone seeking advice or assistance on a matter invoking a licensee’s professional knowledge, even though the licensee may not render an account or agree to represent the prospective client. Accordingly, licensees should be cautious in acc...
The duty of confidentiality can lead to conflicts of interest when a licensee transfers from one law or legal services firm to another. If the transferring licensee has confidential information in respect of a former client that is relevant to a matter at the new firm, the new firm must withdraw from representing its client unless the: 1. former cl...
Steps for dealing with conflicts of interest rules Selecting a conflict checking system Joint retainers Tips to avoid conflict of interest claims (practicePRO®)* Conflict of interest toolkit (Canadian Bar Association)*
Licensees with further questions about their professional obligations related to conflicts of interest should consider contacting the Law Society’s Practice Management Helpline.
Conflicts can arise with respect to clients of the law firm that the transferring lawyer is leaving and with respect to clients of a firm in which the transferring lawyer worked at some earlier time. [5] After completing the interview process and before hiring the transferring lawyer, the new law firm should determine whether any conflicts ...
Aug 15, 2022 · Rule 3.4-1 states that “A lawyer must not act or continue to act for a client where there is a conflict of interest, except as permitted under this Code.” 12 Commentary [6] to Rule 3.4-1 notes that a “client must be assured of the lawyer’s undivided loyalty, free from any material impairment of the lawyer and client relationship.” 13 A lawyer’s duty to avoid conflicts of interest ...
Essentially, a conflict of interest prohibits a lawyer from doing the following: Acting against a former client in the same or a related matter; Acting for both sides in a dispute where the parties are adverse in interest; and. Acting for a client where a lawyer’s personal interests may interfere with the lawyer’s ability to act for the client.
Lawyer-client conflicts are addressed in the Code of Conduct, Rules 3.4-12 to 3.4-14. A lawyer may have a personal or economic interest (other than payment of reasonable fees) that conflicts with the client’s interest and impacts the lawyer’s ability to provide unbiased counsel. A lawyer’s personal circumstances may at times create a risk ...
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Feb 10, 2022 · Ultimately, best management of conflict involves what the individual lawyer can do themselves, recognizing that they cannot control the client, the opposing lawyer, or the court. Lawyer job satisfaction is enhanced by positive client relationships and building good relationships with colleagues in and outside of the office, and by having strategies to manage conflict.
