What is the test for obtaining confidential information from a solicitor?

If the first question is "Yes", then, with respect to the solicitor who received the confidential information, the answer to the second question must also be "Yes". This solicitor is "tainted" and cannot act against his client in the same case. Promises or undertakings by the "tainted" lawyer not to use the confidential information during the course of the proceedings are not sufficient to erase the risk of prejudice to the original client. See Martin v. Gray (supra) at page 268: The second question is whether the confidential information will be misused. A lawyer who has relevant confidential information cannot act against his client or former client. In such a case the disqualification is automatic. No assurances or undertakings not to use the information will avail. The lawyer cannot compartmentalize his or her mind so as to screen out what has been gleaned from the client and what was acquired elsewhere. Furthermore, there would be a danger that the lawyer would avoid use of information acquired legitimately because it might be perceived to have come from the client. This would prevent the lawyer from adequately representing the new client. Moreover, the former client would feel at a disadvantage. Questions put in cross- examination about personal matters, for example, would create the uneasy feeling that they had their genesis in the previous relationship. (emphasis added)