Professional Responsibility Flashcards

Under the LSO Rules of Professional Conduct, what is a 'conflict of interest'?

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.

Under the LSO's Continuing Competence requirements, how many hours of continuing professional development (CPD) must Ontario lawyers complete annually?

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.

What is 'money laundering' and what obligations does it create for Ontario lawyers under FINTRAC?

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.

Under the LSO Rules, what is the concept of 'independent legal advice' (ILA)?

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.

Under the LSO Rules, what obligation does a lawyer have when they discover that a client has committed fraud on the court?

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.

Under the LSO Rules, what is a lawyer's duty of confidentiality and how does it differ from solicitor-client privilege?

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.