LSO Barrister Professional Responsibility 2 — Questions and Answers
Question 1: Under the LSO Rules of Professional Conduct, what is a 'conflict of interest'?
- Any situation where a lawyer disagrees with a client
- A situation where a lawyer's duty to one client conflicts with their duty to another client or their own interests (Correct answer)
- A situation where two clients have different goals
- A situation where the lawyer's fee is disputed
Correct answer: A situation where a lawyer's duty to one client conflicts with their duty to another client or their own interests
A conflict of interest exists when a lawyer's duties to one client or their personal interests would compromise their ability to act with undivided loyalty to another client.
Question 2: Under the LSO's Continuing Competence requirements, how many hours of continuing professional development (CPD) must Ontario lawyers complete annually?
- 6 hours
- 8 hours
- 12 hours (Correct answer)
- 20 hours
Correct answer: 12 hours
Ontario lawyers must complete at least 12 hours of accredited CPD per year, including at least 3 hours on professionalism and 1 hour on equity, diversity, and inclusion.
Question 3: What is 'money laundering' and what obligations does it create for Ontario lawyers under FINTRAC?
- Using client funds for investment; no obligations for lawyers
- Disguising proceeds of crime as legitimate funds; lawyers have client identification and verification obligations under the Proceeds of Crime Act (Correct answer)
- Writing bad cheques; lawyers must report to police
- Moving funds offshore; lawyers must report to the CRA
Correct answer: Disguising proceeds of crime as legitimate funds; lawyers have client identification and verification obligations under the Proceeds of Crime Act
Ontario lawyers have obligations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the LSO rules to identify clients and verify identity in real estate and certain financial transactions.
Question 4: Under the LSO Rules, what is the concept of 'independent legal advice' (ILA)?
- Advice given by a judge
- Advice given by a lawyer who has no conflict of interest and acts solely in the client's interest (Correct answer)
- Advice given without charge
- Advice given outside of Ontario
Correct answer: Advice given by a lawyer who has no conflict of interest and acts solely in the client's interest
ILA is advice provided by a lawyer who is independent of all other parties to the transaction and acts solely to ensure the client understands and consents to the transaction.
Question 5: Under the LSO Rules, what obligation does a lawyer have when they discover that a client has committed fraud on the court?
- Immediately disclose the fraud to the court
- Advise the client to correct the fraud and, if the client refuses, withdraw from representation (Correct answer)
- Continue representing the client without disclosure
- Report the client to the LSO immediately
Correct answer: Advise the client to correct the fraud and, if the client refuses, withdraw from representation
When a client commits fraud on the court, the lawyer must advise the client to correct it; if the client refuses, the lawyer must withdraw and may take steps to avoid being complicit in the fraud.
Question 6: Under the LSO Rules, what is a lawyer's duty of confidentiality and how does it differ from solicitor-client privilege?
- They are identical in scope and effect
- Confidentiality is a broad professional duty covering all client information; privilege is a narrower evidentiary rule protecting specific communications from disclosure in legal proceedings (Correct answer)
- Privilege is broader than confidentiality
- Confidentiality applies only during the retainer; privilege has no time limit
Correct answer: Confidentiality is a broad professional duty covering all client information; privilege is a narrower evidentiary rule protecting specific communications from disclosure in legal proceedings
Confidentiality under Rule 3.3 is a broad ethical duty not to disclose any client information without consent; privilege is a narrower evidentiary protection for specific legal advice communications.
LSO Barrister Professional Responsibility 2
Under the LSO Rules of Professional Conduct, what is a 'conflict of interest'?