Conflict of Interest
The Law Society cannot remove a lawyer or limited licensee from a matter, even if you believe they are in a conflict of interest. Only a court can do this. You should seek legal help if you want to take that step.
The Law Society can review conduct concerns that involve a conflict of interest. A conflict of interest happens when a lawyer or limited licensee cannot give a client their full loyalty. The lawyer–client relationship is built on trust. This trust may be broken if the lawyer or limited licensee:
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uses confidential information against a former client. For example, a lawyer has private details about a past client that could expose a weakness, and now uses that knowledge against them in a new matter.
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switches sides in a related matter. For example, a lawyer defended someone in a criminal assault case. Later, the assault victim asks the same lawyer to represent them in a civil lawsuit about the same assault.
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acts against a former client’s interest, even in an unrelated matter. For example, a lawyer gives advice to the owner of a small business on commercial deals, while also advising an employee of that business in an employment dispute.
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represents both sides in a dispute without consent. For example, a lawyer acts for two co-executors of an estate. If the co-executors disagree on an issue, the lawyer cannot act for both unless both agree.
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allows personal interests to interfere with representation. For example, a lawyer is in a close personal or sexual relationship with a client.
See section 3.4 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
A lawyer or limited licensee may continue to act if the client gives consent, even when a conflict exists. See section 3.4-2 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
Before proceeding, see the Common Questions below to ensure you are a client or former client of the lawyer or limited licensee in question.
What type of conflict of interest are you alleging?
Common Questions
A client is someone who:
- consults with a lawyer or limited licensee and the lawyer or limited licensee provides or agrees to provide legal services on their behalf; or
- reasonably believes a lawyer or limited licensee has agreed to provide legal services on their behalf.
This includes a client of a lawyer’s law firm, whether or not the lawyer actually handles the client’s work.
It does not generally include a near-client. That is, an affiliated entity, director, shareholder, employee or family member of a client.
Note that a solicitor and client relationship is often established without formality. This means that a person may believe they are a client based on a cold call or casual conversation.