It's Complicated.

So begins the discussion and analysis of whether a lawyer may act as counsel of record in both a class action and an individual action dealing with the same causes of action, albeit for different named individuals.

A lawyer's duties to her client include a duty to avoid conflicts of interest and a duty of loyalty. A conflict of interest arises where there is a substantial risk that a lawyer's loyalty to or representation of a client would be materially and adversely affected by the lawyer's own interest or the lawyer's duties to another client. Aspects of the duty of loyalty include duties of confidentiality, candour and commitment to the client's cause.² Where a lawyer is appointed class counsel there are additional duties to fairly and adequately represent the interests of the class.³