Private International Law Implications in Conflicts of Interest for Lawyers Licensed in Multiple Countries

Abstract

Conflicts of interest issues are one of the most complicated areas of the law governing lawyers that lawyers and law firms face on a day-to-day basis. These issues are further complicated when lawyers are licensed in more than one jurisdiction and become subject to multiple ethical regimes. This article investigates what rules and duties are applicable to lawyers licensed in multiple jurisdictions, and what solutions are available to the lawyer when the law governing lawyers from different jurisdictions diverge or conflict. Through a discussion of the Canadian and U.S. rules on conflicts of interest, this article advocates for a two-step “proper law” approach to determine which jurisdiction’s ethical rules should be applied.

Keywords: Legal Ethics, Conflicts of Interest, Law governing lawyers, Private International Law, Conflicts of Law, Conflict of Laws, Licensing, Multiple Countries, Multiple Jurisdictions