What is the general test for determining whether there is a conflict of interest between a lawyer and a solicitor?
Alberta, Canada
The following excerpt is from Gardner v. Gardner, 2007 ABQB 578 (CanLII):
The general test is set out in MacDonald Estate v. Martin 1990 CanLII 32 (SCC), [1990] 3 S.C.R. 1235, 77 D.L.R. (4th) 249. Sopinka J. states that two questions should guide a court in assessing whether a conflict exists: (at para 48) (1) Did the lawyer receive confidential information attributable to a solicitor and client relationship relevant to the matter at hand? (2) Is there a risk that it will be used to the prejudice of the client?
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