Legal Question in Civil Litigation in Canada

Past Representation - Conflict of Interest?

I obtained a lawyer to try to obtain an outstanding debt for work that I had done for someone. When I first went for consultation, I immediately asked if the lawyer had had any dealings legally or otherwise with the person I was going to be suing. He said no. After the initial warning letters were sent and the deadline for payment was past, the person went to my lawyer personally and said that he had acted for him in a case over 6 years ago and that if he continued to act on my behalf in this case he would be dealing with a conflict of interest. The lawyer has now informed me that he cannot act on my behalf and that we have to find a neutral lawyer. Is this correct? If this is in fact a true possibility why did he initially take my case on - I don't feel I should have to pay a bill for a lawyer's 'mistake'.

Sincerely,

Marty Hillyer


Asked on 8/02/05, 5:37 pm

1 Answer from Attorneys
Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: Past Representation - Conflict of Interest?

The debtor would be seen by some as having a valid point because a lawyer is required not supposed to act where there is a conflict. However the apparent conflict you describe does not appear to relate to the subject matter at hand and may very well not be a conflict at all. There is a substantial body of law on these conflicts issues and this one sounds very remote.

Your lawyer advised you there was no conflict. Most lawyers keep a conflict diary that they can check. Did your lwayer check his conflict records?

You should not have to pay for any duplication of time because of your lawyer's mistake.

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Answered on 8/02/05, 6:08 pm


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