It is not professional on the part of the Canadian Immigration Lawyer to act against his own former client’s matter in case the law requires any of the relevant confidential information which is being arisen out from the representation of any of the former client that may lead to the prejudice of the client but there are exceptions to the same: The Canadian Immigration Lawyers partner for fellow Associates against the former client to present the new matter with the consent of the former client, or acting against the formal client the Canadian Immigration Lawyer seek the consent of such client or when the Canadian Immigration Lawyer or his partners or associates are acting against the former client’s matter and it is been ensured by them that the former client’s matter is not disclosed and protected and kept confidential. If the previous related matter of the former client is not relevant when any matter is presently being executed by the Canadian Immigration Lawyer on behalf of the present client and is not considered to be improper to act against the former client, then the new matter should be carried out.
Joint Retainers. It is important to note that, in case there is any representation done by the Canadian Immigration Lawyer on the behalf of the client where the client can be more than one, then the joint retainers agreement takes place which is the same for both the parties and somehow aligned. So, when the Canadian Immigration Lawyer acts on the behalf of two or more clients, the conflict of interest is bound to arise, reason being both the clients have their own perception relating to the case which can further create confusion in the Canadian Immigration Lawyer as well who is presenting their case. The Canadian Immigration Lawyer should not be biased towards one client when the case to represent is done by the Canadian Immigration Lawyer on behalf of more than one client.
The Canadian Immigration Lawyer should be trustworthy, loyal, and should build up a fiduciary relationship between them to avoid any kind of present or future related conflicts. The most substantial part is that both the clients should be treated equally. And in situations when both the clients come to a different conclusion, then it is the obligation of the Canadian Immigration Lawyer to amicably settle any kind of difference in opinion between them. So, whenever any joint retainers or joint letter of engagement takes place then the Canadian Immigration Lawyer must advise both the clients jointly as to the execution of the case, the confidentiality of information, consent on the matter of disclosure of information, obtain the consent of both the joint retainers to enter into the letter of engagement, to deal with continuous issues arising at the time of joint retainers agreement, in situations that the clients take up the opinion of individual legal counsel.