Authors: William Katz and Lauren Tyrell

Avoiding conflicts of interest is essential to the practice of law across virtually all jurisdictions and practice areas. In many instances, the individual or entity providing counsel with instructions on a given matter is not actually that lawyer’s client. This complexity often arises in cases involving joint retainers or representation of corporate entities, especially in matters like derivative actions or oppression claims. This paper explores the ethical and professional responsibilities of avoiding conflict and the duty of loyalty and fidelity; conflicts in shareholder disputes; removal of counsel and addressing impugned legal fees; and the strategic and tactical considerations for challenging counsel.

This paper is part of a collection presented at LESA’s Civil Litigation: Practice Essentials for Lawyers in the First 10 Years program in Edmonton on September 26, 2024.