Conflicted Identities: The Battle Over the Duty of Loyalty in Canada

(2011) 14:2 Legal Ethics 193

26 Pages Posted: 25 Nov 2011 Last revised: 17 Feb 2014

See all articles by Adam M. Dodek

Adam M. Dodek

University of Ottawa - Common Law Section

Date Written: November 24, 2011

Abstract

Conflict of interest has been a leading issue in the Canadian legal profession over the last three decades, and it shows no sign of abating. No other issue has so consistently and dramatically dominated both the practice of law and its regulation in Canada. This article describes the conceptual and public battles that have been fought over conflicts of interest in Canada during this time. These battles reveal deeper ontological divisions about the practice of law in Canada. The clash over conflicts of interest exposes competing conceptions of what it means to be a lawyer in Canada in the twenty-first century and how the legal profession should be governed. The conflicts of interest debate increasingly centres on the idea of ‘lawyer loyalty’ — the duty of loyalty owed by lawyers to their clients.

Keywords: conflict of interest, legal profession, canada, legal ethics, self-regulation, professional responsibility, lawyer-client relationship

Suggested Citation

Dodek, Adam M., Conflicted Identities: The Battle Over the Duty of Loyalty in Canada (November 24, 2011). (2011) 14:2 Legal Ethics 193. Available at SSRN: https://ssrn.com/abstract=1964458

Adam M. Dodek (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

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