Can a lawyer who has a conflict of interest be removed from the record?
British Columbia, Canada
The following excerpt is from Abdul v. Nisha, 2005 BCSC 165 (CanLII):
In MacDonald Estate v. Martin (Martin), 1990 CanLII 32 (SCC), [1990] 3 S.C.R. 1235, Mr. Justice Sopinka noted that while professional codes of ethics such as Rule 7 express the views of the legal profession on the standards that should apply, the court is not bound to apply the code or rules, but may rely on its inherent jurisdiction to remove from the record, lawyers who have a conflict of interest.
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