The Loyalty of Lawyers: A Comment on 3464920 Canada Inc. v. Strother

Canadian Bar Review, Vol. 87, p. 247, 2008

23 Pages Posted: 19 Sep 2008

See all articles by Lionel Smith

Lionel Smith

McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law; University of Oxford - Faculty of Law

Remus D. Valsan

McGill University - Faculty of Law

Date Written: September 17, 2008

Abstract

The Strother decision is of major interest for legal practitioners, since it clarifies the circumstances in which a law firm could be found to have acted adversely to the interests of an existing client. From an academic perspective, however, the decision signals an unsettling lack of consensus among the judges on fairly basic principles of fiduciary law. This article aims to clarify some of the incertitudes pertaining to the interplay between contractual obligations and fiduciary relationships and to the content of the lawyer's duty of loyalty.

Keywords: fiduciary relationship, fiduciary duties, duty of loyalty, lawyers

Suggested Citation

Smith, Lionel and Valsan, Remus D., The Loyalty of Lawyers: A Comment on 3464920 Canada Inc. v. Strother (September 17, 2008). Canadian Bar Review, Vol. 87, p. 247, 2008. Available at SSRN: https://ssrn.com/abstract=1269534

Lionel Smith

McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law ( email )

3690 Peel Street
Montreal, Quebec H3A 1W9
Canada
514-398-4670 (Phone)
514-398-4659 (Fax)

HOME PAGE: http://www.mcgill.ca/law/about/profs/smith-lionel

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Rd
Oxford, OX1 3UL
United Kingdom

Remus D. Valsan (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

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