Advice Decision-Making Assistant (ADMA)


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Current client conflicts

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In brief: There are limited circumstances where a lawyer or law firm is permitted to represent clients adverse in interest. Current client conflicts may also arise where the clients are not necessarily adverse in interest, but where, for example, a lawyer’s duty of confidentiality (Code rule 3.3-1 conflicts with their duty of honesty and candour (Code rule 3.2-2). Consent and/or the use of ethical screens will not always solve the conflict. Refer to the Code rules and resources below for further detail.

Key Resources

Code - Use of confidential information: BC Code rule 3.4-1.

Code - Client consent: BC Code rule 3.4-2.

Code - Representing opposing parties in a dispute: BC Code rule 3.4-3.

Code - Concurrent representation with protection of confidential client information: BC Code rule 3.4-4 .

Code - Joint retainers: BC Code rule 3.4-5.

Code - Confidential information: BC Code rule 3.3-1 Commentary [6].

Additional Reading

More guidance on evaluating your firm’s procedures for detecting conflicts of interest can be found in the Model Conflicts of Interest Checklist.

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