Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008

Conflicting duties

6.1

A lawyer must not act for more than 1 client on a matter in any circumstances where there is a more than negligible risk that the lawyer may be unable to discharge the obligations owed to 1 or more of the clients.

6.1.1

Subject to the above, a lawyer may act for more than 1 party in respect of the same transaction or matter where the prior informed consent of all parties concerned is obtained.

6.1.2

Despite rule 6.1.1, if a lawyer is acting for more than 1 client in respect of a matter and it becomes apparent that the lawyer will no longer be able to discharge the obligations owed to all of the clients for whom the lawyer acts, the lawyer must immediately inform each of the clients of this fact and terminate the retainers with all of the clients.

6.1.3

Despite rule 6.1.2, a lawyer may continue to act for 1 client provided that the other clients concerned, after receiving independent advice, give informed consent to the lawyer continuing to act for the client and no duties to the consenting clients have been or will be breached.

6.2

Rule 6.1 applies with any necessary modifications whenever lawyers who are members of the same practice act for more than 1 party.

6.3

An information barrier within a practice does not affect the application of, nor the obligation to comply with, rule 6.1 or 6.2.