Conflict of Interest
David G. Bayliss Professional Corporation
In some circumstances, a lawyer is considered to be in a "conflict of interest" with a potential client. Generally speaking, a conflict of interest exists when the lawyer for some reason cannot provide his or her undivided loyalty to a potential client because of commitments to other clients or past clients who may be connected to the matter in which the potential client is seeking to retain the lawyer. In the context of criminal law, a conflict of interest most often arises when the lawyer represents or had previously represented a person who is co-accused with the potential client or a person who may be a witness against the potential client in the same matter.
David G. Bayliss Professional Corporation [DGBPC] will endeavour to ensure that no conflicts of interest exist between any of its clients. If the firm becomes aware of any conflict of interest or potential conflict of interest, DGBPC undertakes to immediately advise the affected client(s) and take the necessary steps to rectify any such conflict of interest or, if necessary, refuse the retainer or, if the conflict comes to light after the lawyer is retained, terminate the retainer and refund any funds in excess of payment for work already performed.
However, as the law has defined conflicts of interest, they can be highly technical in nature and, ironically, even unknown to the lawyer. If you are considering retaining DGBPC or have already retained the firm, and you become aware of or suspect that a conflict of interest exists on the part of DGBPC in representing you, please immediately bring this to the attention of DGBPC
All lawyers in Ontario are governed by the Rules of Professional Conduct drafted by their regulatory body, the Law Society of Upper Canada. The conflict of interest guidelines are set out in Rule 2 of the Rules of Professional Conduct which are available to be viewed at the Law Society’s website. Please consult these rules if you have any concern about a possible conflict of interest that the lawyer you are considering retaining may have or if you have any other concerns about the conduct of the lawyer.
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