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Transferring lawyer conflicts

The following are resources that may be helpful in answering your enquiry. Please familiarize yourself with them before moving on.

In brief: Lawyers moving between firms can create some challenging conflicts issues and it is worth taking the time to understand the potential issues and address them at the first available opportunity. For further detail, please refer to the Code rules and resources below, and feel welcome to contact a Practice Advisor to discuss a specific scenario.

Key Resources

Code - Disclosing confidential information to resolve conflicts of interest: BC Code rule 3.3-7.

Code - Conflicts from transfer between law firms: BC Code rules 3.4-17, 3.4-18 and 3.4-19.

Code - Law firm disqualification: BC Code rule 3.4-20.

Code - Transferring lawyer disqualification: BC Code rule 3.4-21 and 3.4-22.

Code - Lawyer due diligence for non-lawyer staff: BC Code rule 3.4-23.

Additional Reading

Practice Resource - The summer 2017 Benchers’ Bulletin offers guidance on Ethical Considerations When a Lawyer Leaves a Firm.

Next Steps

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