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to be retroactive to April 2010. The government lawyers each lsUc eyeing changes to conflict rUles received a $5,000 payout after the Association des juristes de l'État, the association that represents them, agreed to discontinue legal challenges to back-to-work legislation in 2011 and in the previous round of negotiations. And the government agreed to add a "me-too" clause after the AJE sought parity for its agree- ment-in-principle with what would be obtained by Crown prosecutors through the Association des procu- reurs aux poursuites criminelles et pénales. But relations soured because of a difference of opinion over the interpretation — and the eventual cost — of the parity clause. In late June, the Quebec labour board, the Commission des relations du travail, was set for a simultaneous hearing on two petitions from the opposing parties. In one, the AJE alleges "bad- faith" bargaining and seeks $102,500 in damages and a safeguard order forcing the government to sign the collective agreement. In response, the government argues that the labour board does not have jurisdiction, given that the article of the labour code on bad faith applies to first col- lective agreements, or renewal of an existing one, not one that is in place — which is still the back-to-work leg- islation until the government signs the new collective agreement. While the AJE has signed the amendments to the Rules of Professional Conduct that could significantly change the way lawyers will have to handle conflicts of inter- est. Under the amendments, lawyers at the same law firm would be able to act for different clients with com- peting interests at T he Law Society of Upper Canada is considering several concerns about the proposed changes. Most wanted to consider in more detail before mak- ing any significant changes. "I' the Paul Schabas time as long as the clients agree to the arrangement. Currently, the rules don't explicitly allow for that scenario. "While the majority of the changes the same to the rules as a result of implementing the model code would be minor, some changes are more substantive and, in some cases, introduce new standards, particu- larly in regard to conflicts of interest," Paul Schabas, chairman of the law society's pro- fessional regulation committee, told Con- vocation in late May. The professional regulation committee societies adopted this? If the goal is to cre- ate a uniform set of rules, I would think that would be important information to know." But incoming law society treasurer Thomas Conway was quick to respond to Continued on page 10 stein. "How is this going to affect us? Have most other law what other law societies think of this, if this is something that we're all being told to implement in some form or another, " said Alan Silver- amendments d be very curious to know began considering amendments to the rule last October. At that time, the ques- tion of how to implement the changes required under the Federation of Law Societies of Canada' collective agreement, the lack of a government signature on the accord means that the AJE and its members cannot go to arbitration on the parity clause, and are subject to heavy fines under the back-to-work legislation if they carry out any pressure tactics, says AJE president Sébastien Rochette. "We are being held hostage and the government is acting like a bully," says Rochette. — KL fessional conduct was a key concern. In Ontario, lawyers must protect themselves from cases that may involve conflicts of interest, but the committee found as more lawyers practise across jurisdictions under the FLSC' s model code of pro- those from other provinces who practise in Ontario may have difficulty under- standing and applying its rule. For example, the Law Society of British Columbia's Rules of Professional Con- s national mobility agreement, duct outline the rules related to lawyers who have space-sharing arrangements. The rules require them to disclose to their clients in writing that a conflict of interest exists. The LSUC, on the other hand, doesn't have an explicit rule for such circumstance. But some LSUC benchers have voiced News Feed SUPERIOR COURT OF JUSTICE: We are proud to announce that our colleague and friend, Ian Leach, has been appointed a Judge of the Ontario Superior Court. lerners.ca/news:172 QE2 DIAMOND JUBILEE MEDAL Congratulations to Janet Stewart, who has been named a recipient of the 2012 Queen Elizabeth II Diamond Jubilee Medal, honouring signi cant contributions and achievements by Canadians. lerners.ca/news:167 HELP US GIVE MORE Visit our charity Facebook page and we'll donate $1 for every "Like" to the highlighted charity up to a maximum of $2,500 per month. This month is Furniture Bank. www.facebook.com/LernersLLP www.lerners.ca www.CANADIAN Lawyermag.com JULY 2012 9 erners_CL_July_12.indd 1 12-06-01 11:22 AM

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