Ontario Barrister Practice Questions - Ontario Barrister Licensing Examination Exam

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A lawyer is retained by a new client to defend a civil claim. During the initial interview, the lawyer realizes the client is the same person against whom the lawyer's current client in an unrelated matter holds an unpaid judgment. Under the Law Society of Ontario Rules of Professional Conduct, what must the lawyer do before acting?

Proceed, because the two matters are factually unrelated and pose no conflict Accept the retainer but charge a higher fee to offset the added risk Determine whether a conflict of interest exists and, if so, decline unless the affected clients give informed consent and the lawyer reasonably believes she can competently represent each Refer the matter to the Law Society for a conflicts ruling before deciding

Correct Answer:

Determine whether a conflict of interest exists and, if so, decline unless the affected clients give informed consent and the lawyer reasonably believes she can competently represent each

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