Can a lawyer be found in a conflict of interest respecting a client?

Alberta, Canada


The following excerpt is from Amack v. AW Holdings Corp., 2010 ABQB 759 (CanLII):

In MacDonald Estate v. Martin 1990 CanLII 32 (SCC), [1990] 3 S.C.R. 1235, it was held that the issue of whether a lawyer is in a conflict of interest respecting a client is determined by using the test of whether a reasonably informed person would be satisfied that no misuse of confidential information would occur.

Other Questions


Is a lawyer who has acted for a client by reason of conflict of interest disqualified from acting for another client? (Alberta, Canada)
What is the impact of conflicts of interest between lawyers in law? (Alberta, Canada)
What is the general test for determining whether there is a conflict of interest between a lawyer and a solicitor? (Alberta, Canada)
What is the common law in respect of conflict of interest? (Alberta, Canada)
Is a lawyer who is not a lawyer able to function in a non-legal capacity to provide solicitor-client advice? (Alberta, Canada)
Where someone who is not the client gives information to a lawyer, and expects the lawyer to hold it in confidence, what analysis is needed to reach the conclusion? (Alberta, Canada)
In what circumstances have courts found a mother guilty of parental alienation and/or found her to be in contempt and ordered a sanction of costs to indemnify the father for all costs of the proceedings? (Alberta, Canada)
What is the qualified privilege, if any, which protects communications that are in the interests of the general interests of society? (Alberta, Canada)
In a non-parental application for access to a child, does the court need to be careful not to allow the argument of conflict or potential conflict to defeat the application? (Alberta, Canada)
Does the term 'public interest' in s.1(1) of the Charter apply to a party's use of the term "public interest"? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.