10. Conflicts concerning former clients

    1. A solicitor and law practice must avoid conflicts between the duties owed to current and former clients.
    2. A solicitor or law practice who or which is in possession of confidential information of a former client where that information might reasonably be concluded to be material to the matter of another client and detrimental to the interests of the former client if disclosed, must not act for the current client in that matter UNLESS:
      1. the former client has given informed consent to the disclosure and use of that information; or
      2. an effective information barrier has been established.

Popular and important

Can I cross examine a former client? Casenote - Osferatu v Osferatu [2015] FamCAFC 177 - conflicts in family law proceedings – a more pragmatic test Confidentiality – migratory lawyers Conflict resolution steps checklist Information barriers Information Barrier Guidelines Mirror wills – what you should consider if one client wishes to engage you after they split? Successive representation – the tension between the duty to protect confidences and the duty to disclose (a case study)