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, the Supreme Court observed that an unnecessary expansion of the duty of loyalty may be inimical to the proper functioning of the legal system. The issue is always to achieve an appropriate balance among the competing interests. For this reason, a stringent application of the bright-line test in situations where the same law firm is concurrently acting for two parties with adverse interests, but in unrelated matters, would pose significant problems for clients seeking to be represented by the counsel of their choice. This is particularly true in a situation such as this case, where MT’s representation of both DFI and P&P is handled by different lawyers, in different practice areas and in different cities. In such circumstances, the Tribunal considers that each client’s confidential information or right to proper representation is not necessarily compromised.
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