What does the 'substantial relation' test focus on while determining conflicts?

The 'substantial relation' test is primarily concerned with the connection between the matters involved when assessing conflicts of interest in legal practice. Specifically, this test evaluates whether the confidential information obtained from a former client could significantly benefit a new client in a way that would materially advance their case. The focus is therefore on the potential risks involved regarding the misuse of confidential information.

In this context, assessing whether confidential information could be used to the detriment of a former client is crucial for maintaining ethical standards. This protects client confidentiality and ensures that attorneys do not take on matters where there is a significant risk of compromising past clients’ interests.

While the involvement of the same individuals, the court where the cases are heard, and the importance of the legal issues may be factors in broader discussions of legal strategy or practice, they do not specifically capture the essence of the 'substantial relation' test as it pertains to conflicts of interest. Instead, the risk associated with using confidential information is at the heart of this test.