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Behind the Case Files: Can we Act | Understanding Conflict Checks

Published 2ย months, 2ย weeks ago
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ย ๐ŸŽ™๏ธ Behind the Case Files - Episode 1 | Can We Act? Understanding Conflict Checksย 

Why does a law office complete a conflict check before opening a file? And what does client intake have to do with it? Before a lawyer can answer a prospective client's question โ€” "Can you help me?" โ€” the office first has to answer its own:

Can we act?

In this first episode of Sister-in-Law: The Paralegal Journey โ€“ Behind the Case Files, Tara Edwards takes you inside the practical side of conflict checks, client intake, and professional responsibility.

This episode is designed for legal assistants, paralegals and students who want to understand not just what we do, but why we do it.

๐Ÿ“‚ Inside this episode

We'll take a practical look at:

๐Ÿ”น Why conflict checks are more than an administrative task

๐Ÿ”น Why a thorough client intake is the foundation of an effective conflict check

๐Ÿ”น Why previous, maiden, or former names matter

๐Ÿ”น Why identifying the correct legal entity matters when the client is a corporation

๐Ÿ”น Why opposing parties, related individuals, and related companies may need to be identified

๐Ÿ”น What happens when a potential conflict appears in the firm's system

๐Ÿ”น What the legal assistant or paralegal's role is when a potential conflict is identified

๐Ÿ”น Why the lawyerโ€”not the legal support professionalโ€”makes the professional decision about whether the firm can act

๐Ÿ”น Why conflict management doesn't necessarily end when the file is opened

๐Ÿ”น What Canadian professional rules, case law, and disciplinary decisions can teach us about conflicts of interest

We also look at conflict checks through a Canadian professional lens. The episode begins with an Alberta perspective, including the Law Society of Alberta and its approach to conflict management, before looking at the Federation of Law Societies of Canada's Model Code of Professional Conduct.

We'll also discuss:

๐Ÿ“š MacDonald Estate v. Martin

๐Ÿ“š R. v. Neil

๐Ÿ“š Canadian National Railway Co. v. McKercher LLP

and professional disciplinary decisions from British Columbia and Saskatchewan.ย 

The goal is to understand what these authorities tell us about the practical importance of identifying and managing conflicts.

๐Ÿ“ Free Educational Workbook

I've also created a Behind the Case Files Educational Workbook to accompany this episode.

Inside you'll find:

๐Ÿ“‹ A Sample Client Intake Form

๐Ÿ“‹ A Sample Conflict Check Worksheet

โœ… Conflict Check Best Practices

๐Ÿ’ผ A Practical Scenario

๐Ÿ’ญ Reflection Questions

๐Ÿ“Œ Key Learning Points

๐Ÿ“š Canadian Resources & Further Reading

The workbook is designed as an educational resource and is not intended to replace your firm's policies, procedures, or forms.ย 

https://drive.google.com/file/d/1cvjXfHp9iG3rGQJQ8EoT4bL1NXFVijWP/view?usp=sharing

Who is this episode for?

Whether you're a:

๐ŸŽ“ Legal assistant or paralegal student

๐Ÿ“ Legal assistant working in an Alberta law office

โš–๏ธ Alberta paralegal

๐Ÿข Legal support professional

๐Ÿ“š Canadian law clerk or legal professional

โš–๏ธ Ontario licensed paralegal

or you're simply interested in understanding what happens behind the case files, this episode is designed to give you practical information you can take back to your work.

๐Ÿ’ก The Question We're Answering

Before a lawyer can answer:

"Can you help me?"

the office first needs to answer:

"Can we act?"

That's what this episode is really about.

Because knowing what to do builds competence. U

Listen Now

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