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legal ethics handbook - Nova Scotia Barristers' Society

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LEGAL ETHICS HANDBOOK<br />

8.For clarification on the role of in-house counsel, which may be governed by Guiding Principles 10 to 13, see<br />

Commentaries 6.9 to 6.11; G. MacKenzie, Lawyers & Ethics: Professional Responsibility and Discipline (Toronto:<br />

Carswell, 1993), Chapter 20, "The Corporate Counsel" and Chapter 21, "Government Lawyers"; and Smith,<br />

supra, note 1, Chapter 10, "The Lawyer as In-House Counsel.."<br />

9."The underlying premise ... is that, human nature being what it is, the solicitor cannot give his exclusive,<br />

undivided attention to the interests of his client if he is torn between his client's interests and his own or his client's<br />

interests and those of another client to whom he owes the self-same duty of loyalty, dedication and good faith."<br />

Davey v. Woolley, Hames, Dale & Dingwall (1982), 35 O.R. (2d) 599 at 602, 133 D.L.R. (3d) 647, per Wilson J.A.<br />

See also Don Murray's article in The <strong>Nova</strong> <strong>Scotia</strong> Law News, "A Conflict of Interest Refresher", Volume 25, No. 2,<br />

July 2000.<br />

40

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