Introduction and Objectives

Objectives

The objectives of the Conflicts module are:

  1. To recognize conflicts of interest and prevent them from occurring; and
  2. To learn the essential elements in establishing a successful conflicts checking system.

Navigating this Module

This module features these components:

Written Material: The module begins with a discussion of what a conflict of interest is. Various situations are canvassed, including:

  • the procedure for acting for multiple clients,
  • the circumstances in which a lawyer may act against a current or former client, and
  • some circumstances in which a lawyer’s personal interest may conflict with the interest of a client.

Also covered are space-sharing arrangements and their implication on conflicts, and conflicts issues that arise when lawyers transfer between law firms. The written material concludes with a discussion of setting up and operating a successful conflicts checking system.

Although we aim to present a comprehensive module, this module is not exhaustive. This module is not a substitute for exercising professional judgment and does not constitute legal advice.

Test: The test for this module features two fact patterns, each followed by two parts, a question and a justification. You must get answers to all four parts correct in order to complete the test. If you get one or more parts incorrect, you will get an opportunity to reattempt the test. Test questions are drawn from the written material only and not the Appendices or Additional Resources listed in the module.

Appendices and Additional Resources: Additional valuable resources are available, some of which are included in the Appendices and Additional Resources sections of this module. You are not tested on this additional material, although you are encouraged to review any resources that best suit the nature of your practice or if you experience difficulty understanding the material that will be tested.