World Library  
Flag as Inappropriate
Email this Article

R. v. Neil

Article Id: WHEBN0010558205
Reproduction Date:

Title: R. v. Neil  
Author: World Heritage Encyclopedia
Language: English
Subject: Reasons of the Supreme Court of Canada by Justice Binnie, 2002 reasons of the Supreme Court of Canada
Collection:
Publisher: World Heritage Encyclopedia
Publication
Date:
 

R. v. Neil

Template:SCCInfoBoxR. v. Neil, [2002] 3 S.C.R. 631, 2002 SCC 70, is a leading decision of the Supreme Court of Canada on conflict of interests among lawyers. The Court held that both firms and lawyers have a fiduciary duty of loyalty to their clients and so lawyer or firm cannot represent a client whose interests may be adverse to the interests of another client unless there is consent and a reasonable belief that the interests will not be adverse. This greatly expanded the old rules of conflict of interest which required actual knowledge of confidential information before a lawyer was in conflict.

Background

David Lloyd Neil was accused of a series of criminal charges. In his prior job he retained the legal services of a solicitor from an Edmonton law firm. Neil's assistant, Helen Lambert, had hired Gregory Lazin from the same firm to represent her in the relation to the charges. Lazin sat in on an interview with Neil's lawyer in order to gain advantage for his client. In a second incident, Lazin was approached by an old client of Neil named Doblanko who believed that Neil had fabricated a divorce document. Lazin referred him to the same police officer who was investigating Neil's other charges.

The issue was whether Lazin created a conflict of interest by assisting in establishing the charges against Neil, when he was a past client.

Ruling of the Court

Justice Binnie, writing for the Court, dismissed the appeal. He held that the firm owed a duty of loyalty to Neil and should not have communicated with the other parties.

Binnie used the case as an opportunity to survey the meaning of a lawyer's duty of loyalty. He takes a strong stance, arguing that the duty is an essential to the integrity of the profession and the administration of justice. Loyalty promotes effective legal representation.

See also

External links

  • Full text of CanLII
  • Beyond Conflicts of Interest to the Duty of Loyalty
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 


Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.