B-1, r. 3.1 - Code of Professional Conduct of Lawyers

Section 75 Disposition versions

2015-03-26

75. Where a lawyer who engages in his professional activities within a firm is in a conflict of interest, every other lawyer in the firm must take reasonable measures to ensure that confidential information in the file involving the conflict of interest is not disclosed to him. Moreover, the lawyer who is in a conflict of interest and every other lawyer in the firm must see to it that such measures apply to the other persons with whom they collaborate when engaging in their professional activities.

In assessing the effectiveness of these measures, the following, in particular, must be taken into consideration:

(1)  the size of the firm;

(2)  the precautions taken to prevent access to the confidential information by the lawyer who is in a conflict of interest;

(3)  the instructions given as to the protection of confidential information involved in the conflict of interest; and

(4)  the isolation of the lawyer in a conflict of interest with respect to every person in the firm who has access to the file.

O.C. 129-2015, s. 75.