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This resource provides a step-by-step framework for lawyers and paralegals to follow when considering whether they have a conflict of interest and whether they can act despite the conflict.
- 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.
Aug 15, 2022 · Rule 3.4-2 states that a “lawyer must not represent a client in a matter when there is a conflict of interest unless there is express or implied consent from all affected clients” and the lawyer reasonably believes they can effectively represent both clients. 14 A lawyer must uphold their duty to avoid conflicts of interest, regardless of ...
A conflict of interest exists when there is a substantial risk that a lawyer’s loyalty to or representation of a client would be materially and adversely affected by the lawyer’s own interest or the lawyer’s duty to another client, a former client, or a third person.
3.4-2 A lawyer shall not represent a client in a matter when there is a conflict of interest unless there is consent, which must be fully informed and voluntary after disclosure, from all affected clients and the lawyer reasonably believes that he or she is able to represent each client without
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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. (Code Rule 3.4-1) Outlined below are some considerations that will assist you in determining whether there is a conflict of interest and how to deal with conflicts appropriately. 1. What is a Conflict of Interest?
People also ask
When does a lawyer have a conflict of interest?
Is acting for a client a conflict of interest?
What if opposing counsel is in a conflict of interest?
Can a lawyer act in a conflict with a client?
Should a lawyer represent a client with adverse legal interests?
What happens if a lawyer has a conflicting personal interest?
What can I do if I believe opposing counsel has a conflict of interest? You may file a complaint with the Law Society, but the Law Society can only discipline the lawyer if they are found to be in a conflict of interest; we cannot remove the lawyer from their representation of their client.
