B-1, r. 3 - Code of ethics of advocates

Section 3.06.09 Disposition versions

2012-09-01

3.06.09. Where an advocate who engages in his professional activities within a partnership or joint-stock company is in a conflict of interest, the other advocates shall, to avoid being considered in a conflict of interest themselves, take such reasonable measures as are required to ensure that confidential information or documents pertaining to the file are not revealed.

In the case where professional activities are carried on in a partnership or joint-stock company, an advocate who is in a conflict of interest and the other advocates shall see to it that such measures apply to persons other than the advocates.

In assessing the effectiveness of these measures, the following factors may, in particular, be taken into account:

(1)  the size of the partnership or joint-stock company;

(2)  the precautions taken to prevent access to the file by the advocate who is in fact in a conflict of interest;

(3)  the instructions given as to the protection of confidential information or documents involved in the conflict of interest; and

(4)  the isolation of the advocate in a conflict of interest with respect to the person in charge of the file.

O.C. 535-93, s. 2; O.C. 351-2004, s. 51.