Bayliss & Rados Conflict of Interest Issues
Criminal Defence Lawyers Practicing in Association
In some circumstances, a lawyer is considered a conflict of interest which could prevent him or her from acting for a potential client. Generally speaking, a conflict of interest exists when the lawyer for some reason cannot provide his or her undivided loyalty to a potential client because of commitments to other clients or past clients who may be connected to the matter in which the potential client is seeking to retain the lawyer. In the context of criminal law, a conflict of interest most often arises when a lawyer represents or has previously represented a person who is co-accused with the potential client or a person who may be a witness against the potential client in the same matter.
David Bayliss and Luka Rados will endeavour to ensure that no conflicts of interest exist in relation to any of their clients. If either firm becomes aware of any conflict of interest or potential conflict of interest, David Bayliss and Luka Rados undertake to immediately advise the affected client(s) and take the necessary steps to rectify any such conflict of interest or, if necessary, refuse the retainer or, if the conflict comes to light after the lawyer is retained, terminate the retainer and refund any funds in excess of payment for work already performed.
However, as the law has defined conflicts of interest, they can be highly technical in nature and, ironically, even unknown to the lawyer. If you are considering retaining David Bayliss or Luka Rados, or have already retained the firm, and you become aware of or suspect that a conflict of interest exists, please immediately bring this to the attention of the lawyer.
All lawyers in Ontario are governed by the Rules of Professional Conduct drafted by their regulatory body, the Law Society of Ontario. The conflict of interest guidelines are set out in Rule 2 of the Rules of Professional Conduct which are available to be viewed at the Law Society’s website. Please consult these rules if you have any concern about a possible conflict of interest that the lawyer you are considering retaining may have or if you have any other concerns about the conduct of the lawyer.
We welcome your feedback. If you have questions or comments about the Bayliss and Rados website, the legal notice or the firm’s privacy policy, please contact David G. Bayliss or Luka Rados at 416.598.5250.
This Conflict of Interest Policy is effective October 24, 2023.
