Conflicts of Interest
LSO Resource Centre: Conflict of Interest When Acting Against a Former Client
The LSO’s March 2018 e-Bulletin Resources for Lawyers discusses situations where a conflict of interest can arise when acting against a former client. Here’s the discussion, reproduced in whole: Situations often arise where a lawyer is asked to act against a former client. In such cases, the lawyer must assess whether he or she is… Read More »
Categories: Conflicts of InterestIs it safe to serve on a client’s board of directors?
It can be very rewarding, both personally and financially, to be asked to serve on a client’s board of directors. It’s also easy to understand why a client might make the request: the lawyer may have worked closely with the corporation’s founders to establish the company, and will likely have a solid understanding of the… Read More »
Categories: LAWPRO Errors and Omissions Coverage, Conflicts of Interest, Corporate LawAmendments to the Rules of Professional Conduct — Transactions with Clients
The following is from the Law Society of Upper Canada’s June 2016 e-Bulletin Resources for Lawyers. The Rules of Professional Conduct (the “Rules”) with respect to Doing Business with a Client (now called Transactions with Clients) were amended on May 26, 2016. New Definition The term “transaction with a client” is now defined in rule… Read More »
Categories: Communication Errors, Conflicts of InterestSimultaneously acting for members of the same family is risky
Many lawyers assume that simultaneously acting for members of the same family and their business or corporate entities is relatively safe from fraud and conflicts issues. After all, the parties all know each other and everyone is on good terms. Unfortunately, this is just not the case. An analysis of LAWPRO claims files tell us… Read More »
Categories: Conflicts of InterestpracticePRO Resource: Managing the Practice of Investing in Clients booklet
The practice of lawyers investing in clients’ businesses is current and growing. Historically, this type of business transaction found some application in the real estate and mining industries. Inevitably, tha practice resulted from time to time in claims against lawyers. Today, we see the practice being undertaken in the high tech sector whose fast pace… Read More »
Categories: Conflicts of Interest, Law Practice ManagementpracticePRO Resource: Conflicts of Interest
As mentioned in yesterday’s blog post (“Conflicts tune-up: 5 steps to avoiding conflict of interest claims“), lawyers do not always do the best job identifying potential conflicts on interest or taking the appropriate steps when conflicts may exist. practicePRO’s Managing Conflict of Interest Situations booklet can help lawyers better manage this risk by identifying, checking… Read More »
Categories: Conflicts of InterestConflicts tune-up: 5 steps to avoiding conflict of interest claims
Every so often, a case about a lawyer removed from a matter or reprimanded for acting while in an “obvious” conflict of interest pops up in the media. These cases make all of us (or at least they should) shake our heads in dismay: Surely everybody knows how to avoid a conflict – don’t they?… Read More »
Categories: Conflicts of Interest