When a lawyer appears as a witness in a civil proceeding, can the client waive a conflict of interest?

Ontario, Canada


The following excerpt is from Teixeira v. Hamburg Olson LPC, 2017 ONSC 7532 (CanLII):

[31] The Court in Urquhart v. Allen Estate[4] aptly highlighted the dilemma that is presented when a lawyer appears as witness: When counsel appears as a witness on a contentious matter, it causes two problems. First it may result in a conflict of interests between counsel and his client. That conflict may be waived by the client, as indeed, was done in this case. The second problem relates to the administration of justice. The dual role serves to create a conflict between counsel’s obligations of objectivity and detachment, which are owed to the court, and his obligation to his client to present evidence in as favourable a light as possible. This is a conflict that cannot be waived by the client as the conflict is between the counsel and the court/justice system.

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