For Immediate Release
June 26, 2007
OTTAWA – In response to the serious and growing problem of conflicts of interest in Canadian law firms, the CBA has launched an expert task force that will develop practical guidelines, advice and solutions to help lawyers and law firms serve their clients better.
“Canadian law on conflicts of interest is so uncertain at the present time that it is placing a tremendous burden on our legal system,” says J. Parker MacCarthy, Q.C. of Duncan, B.C., President of the CBA. “It is affecting clients whose choice of counsel is narrowed, courts that must handle a growing volume of conflicts claims, and law firms that must grapple with it in attempting to fulfill their professional obligations while serving the best interests of their clients.”
Clients are equally affected, whether they are involved in complex commercial litigation, or they are small-town entrepreneurs who have access to only one law firm that already represents the other side.
The CBA has enlisted the broadest base of input for the task force – lawyers from large, small, urban and rural law firms, as well as all areas of practice. It includes client representatives, an ethicist, a liaison from the Federation of Law Societies of Canada (FLSC), a law society insurer, and a noted conflicts expert.
“Trends such as increased specialization, mobility and concentration of the profession mean that law firms and lawyers face the problem of conflicts in their day-to-day practices,” notes Scott Jolliffe, national managing partner of Gowling Lafleur Henderson LLP and chair of the task force. “We see adverse parties who are routinely seeking to disqualify lawyers as a way of gaining tactical advantage.”
The task force will focus its energies on providing guidelines and practical assistance for the legal profession. “We are committed to developing a consensus on a more workable approach to conflicts that best serves the interests of the public while preserving the fundamental legal and ethical obligations of the profession,” adds Jolliffe.
“This is an ambitious project, but one that the CBA is well-positioned to undertake, working in close cooperation with all sectors of the legal profession and its clients,” says MacCarthy. “The CBA offers an ideal forum to develop a consensus and to advocate for reform. It will provide a much-needed benefit and practical guidance to law firms, the legal profession and the public across Canada.”
“The task force will operate in full consultation with law societies (through the FLSC), recognizing their role as regulators,” adds MacCarthy. The task force hopes to complete its work over the next year.
Full details on the task force, including its mandate, members, and background information, are available on the CBA website:
http://www.cba.org/CBA/groups/conflicts/
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 37,000 lawyers, law teachers, and law students from across Canada are members.
- 30 -
CONTACT: Hannah Bernstein, Canadian Bar Association, Tel: (613) 237-2925, ext. 146; E-mail: hannahb@cba.org.
