At a time when our profession is already facing the pressures of a changing practice climate, it is more important than ever for all lawyers to improve their relationships with clients. Conflicts of interest, however, present numerous challenges to effecting better client relations. What is at issue with respect to a conflict is the ability to give valuable legal advice and representation in circumstances where another interest compromises the loyalty and independent judgment which a lawyer is duty-bound to give to each client.

And so, it should not be surprising that the consequences of lawyers not identifying or not avoiding or not managing a conflict of interest situation are severe. And far-reaching too, since they affect not only the lawyers within the profession but also the public's confidence and perception of the legal system itself.

When all is said and done, the secrets to successful management of conflicts are quite basic: Be aware of your obligations; exercise good judgment; and communicate and document effectively.

As part of its commitment to provide Ontario lawyers with a responsive liability insurance program, LAWPRO seeks to ensure that lawyers understand both the risks of conflict of interest situations and the basics of conflict management. Our goal is to help lawyers better recognize conflict situations, follow the Rules, and avoid the costly consequences which conflicts present.

 

Last update: Oct. 7, 2002