For Immediate Release
August 16, 2008 QUÉBEC CITY – The Canadian Bar Association (CBA) Task Force on Conflicts of Interest makes 21 recommendations to help lawyers across the country who are facing potential conflicts of interest. “Our CBA Task Force has studied the existing rules, consulted with members from every type of law practice across Canada, and worked carefully on a number of recommendations to help lawyers avoid conflicts of interest as they take on the legal work of their clients,” says Scott Jolliffe of Toronto, Chair of the CBA’s Task Force on Conflicts of Interest. “We took a principled and comprehensive approach to a complex situation.” “Lawyers must never permit their own interests or their duties to others to compromise their work for a client. They must provide zealous representation, and protect client confidentiality,” adds Scott Jolliffe. The report focuses on lawyers’ duties of loyalty and confidentiality to clients. It also recommends the appropriate use of engagement letters. “The work of this task force will be of great assistance to lawyers, law societies, and judges across Canada and, most importantly, the Canadian public, whose confidence and respect for our profession we must constantly strive to earn,” says Scott Jolliffe. Increasingly in recent years, lawyers and clients have found themselves confronted with situations of potential conflict of interest. For example, clients who need specialized legal advice may have difficulty finding a lawyer who can act for them because of the limited number of practitioners in that specialty. That number can be further reduced as a result of an existing conflict. For clients in remote or rural areas, finding a lawyer for matters such as a business transaction or a family law issue can be very difficult because the few available lawyers may all be in conflict. CBA President Bernard Amyot of Montreal welcomes the report of the task force. “The practice of law in Canada today is very different from when the CBA was first established, or even from 20 years ago. Rules must evolve to reflect changes in practice realities,” says Bernard Amyot. “The CBA is an excellent place to have this debate, since we encourage frank discussions among a diverse cross-section of the legal profession,” adds Bernard Amyot. “The views developed this way are then presented to law societies whose job it is to regulate the profession,” adds Bernard Amyot. The report contains an 80-page toolkit with 33 sample materials for lawyers to use to help detect and prevent conflict situations. The report’s 21 recommendations deal with the duty of loyalty to clients, the duty of confidentiality, guidance on who is the client, and engagement letters. The task force was created by the CBA in March 2007 in response to a conflicts regime which the CBA believed to be unnecessarily complex and unresponsive to the needs of clients. The task force is composed of 16 members. The process leading up to the report included a background paper that analyzed the current law and codes of conduct, and extensive consultations within the profession that confirmed the need for changes to the rules. The report, consultation paper and background are available online at:
http://www.cba.org/conflicts The report is being released on Saturday, Aug. 16, 2008 during the CBA’s Canadian Legal Conference which runs from Aug. 16 to Aug. 19. A media briefing takes place on Saturday, Aug. 16, 2008 at 10:30 a.m. in Room 203 of the Québec Convention Centre. The CBA will debate and vote on the recommendations on Sunday, Aug. 17. Sessions are open to accredited media. CBA programs take place at the Québec Convention Centre. The Media Centre is located in Room 2102B of the Québec Convention Centre, with the Communications Office in Room 2103. Accreditation may be obtained by contacting the Communications Office in Québec City which is open from Friday, Aug. 15 at noon until Tuesday, Aug. 19 at noon (tel: 418-649-5218).
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, Aug. 15-19, Québec City Convention Centre, Room 2103, Tel: 418-649-5218; E-mail: hannahb@cba.org.
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