15Conflict of duties concerning current clients (ASCR 11)

15 Conflict of duties concerning current clients (ASCR 11)

(1)  A solicitor and a law practice must avoid conflicts between the duties owed to two or more current clients, except where permitted by this rule.

(2)  If a solicitor or a law practice seeks to act for two or more clients in the same or related matters where the clients’ interests are adverse and there is a conflict or potential conflict of the duties to act in the best interests of each client, the solicitor or law practice must not act, except where permitted by subrule (3) .

(3)  Where a solicitor or law practice seeks to act in the circumstances specified in subrule (2) , the solicitor or law practice may, subject always to each solicitor discharging their duty to act in the best interests of their client, only act if each client –

(a) is aware that the solicitor or law practice is also acting for another client; and

(b) has given informed consent to the solicitor or law practice so acting.

(4)  In addition to the requirements of subrule (3) , where a solicitor or law practice is in possession of information which is confidential to a client (the first client) which might reasonably be concluded to be material to another client’s current matter and detrimental to the interests of the first client if disclosed, there is a conflict of duties and the solicitor and the solicitor’s law practice must not act for the other client, except as follows:

(a) a solicitor may act where there is a conflict of duties arising from the possession of confidential information, where each client has given informed consent to the solicitor acting for another client; and

(b) a law practice (and the solicitors concerned) may act where there is a conflict of duties arising from the possession of confidential information where an effective information barrier has been established.

(5)  If a solicitor or a law practice acts for more than one client in a matter and, during the course of the conduct of that matter, an actual conflict arises between the duties owed to two or more of those clients, the solicitor or law practice may only continue to act for one of the clients (or a group of clients between whom there is no conflict) provided the duty of confidentiality to other client(s) is not put at risk and the parties have given informed consent.