The duty of loyalty owed by lawyers to their clients is a
foundational principle in the adversarial system. The Supreme Court
of Canada has described the duty of loyalty as consisting of a duty
not to disclose confidential information, a duty to avoid
conflicting interests, a duty of commitment to the client's
cause (zealous representation), and a duty of candour with the
client on matters relevant to the retainer: R. v. Neil,
2002 SCC 70 (CanLII), at paras.
18-19.
However, the duty of loyalty is not unlimited. Lawyers also
have duties to the court, to the standards of their profession, and
to the public. At times, such duties may lead to a conflict with
the client's wishes or with what the client thinks are in
their personal interests.
