Queensland Law Society

Multiple clients: Confidentiality and conflict – does your retainer protect you?

Acting for more than one client in the same-or related-matters can be dangerous territory for inexperienced and experienced practitioners alike. Ethical duties are owed to all such clients in equal measure, and once-aligned interests can shift through the course of proceedings; addressing these issues in the retainer can avoid trouble down the track.

This article shows how a properly drafted and scoped retainer can prevent problems from arising, provides practical tips on how to manage a joint retainer and assists practitioners to determine when they should-and when they should not-enter into joint retainer agreements.