Is there a conflict of interest between a solicitor for one party and that solicitor for the other party?
British Columbia, Canada
The following excerpt is from Cram v. The Law Society of British Columbia, 2004 BCSC 1497 (CanLII):
In Mara, supra, as here the alleged conflict is hypothetical in nature, and does not arise on the pleadings. These circumstances must be distinguished from the circumstances that existed in McDonald Estate v. Martin, supra, where it is alleged the solicitor for one party has acted in the past for an adverse party to the litigation. Neither is there any allegation here that counsel has a pecuniary or personal interest in the outcome of the litigation.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances can a solicitor be said to be present in a transaction where the solicitor's proximity to investors was so close to the investors' solicitor that the solicitor failed to inquire? (British Columbia, Canada)
Is there a conflict of interest between a solicitor and a solicitor? (British Columbia, Canada)
What is the test for a solicitor’s conflict of interest? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
Is solicitor-client privilege established if a senior official of one of the parties gives evidence of solicitor client privilege? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Can a solicitor be removed from the record because of a conflict of interest? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
Does the testimony of a party or interested person have to be disregarded or discounted on the grounds that they have a personal or financial relationship with a party? (British Columbia, Canada)
