Can a law firm continue to represent a litigant when a conflict of interest arises?
Saskatchewan, Canada
The following excerpt is from Hill v. Klynveld Peat Marwick Goerdeler (KPMG Peat Marwick), 1999 CanLII 12631 (SK QB):
As suggested by the respondent, it is quite a different situation for a law firm to be permitted to continue to represent a litigant when a conflict of interest arises as a result of a lawyer transferring from one law firm to another, such as occurred in MacDonald v. Martin, and a situation where a conflict of interest arises once a proposed retainer is undertaken. The Rules do not contemplate the erection of a “Chinese Wall” to enable a law firm to be retained by a new client when a conflict of interest will thereby arise. Consequently, there must be a declaration disqualifying the firm of MLT from continuing to represent the applicant in this litigation.
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