When will a lawyer be found to have a disqualifying conflict of interest if their client’s consent is not sufficient?
Newfoundland and Labrador, Canada
The following excerpt is from Simmons v. Royal Newfoundland Constabulary Public Complaints Commission, 2022 NLSC 27 (CanLII):
There are circumstances where the adequacy of clients’ consents are relevant when considering whether a lawyer has a disqualifying conflict of interest. However, where the clients do not object, the analysis from MacDonald Estate v. Martin and the presumptions regarding confidential information do not apply.
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