11. Conflict of duties concerning current clients

    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 Rule 11.3.
    3. Where a solicitor or law practice seeks to act in the circumstances specified in Rule 11.2, the solicitor may, subject always to each solicitor discharging their duty to act in the best interests of their client, only act if each client:
      1. is aware that the solicitor or law practice is also acting for another client; and
      2. has given informed consent to the solicitor or law practice so acting.
    4. In addition to the requirements of Rule 11.3, where a solicitor or law practice is in possession of confidential information of 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:
      1. 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;
      2. 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 that the duty of confidentiality to other client(s) is not put at risk and the parties have given informed consent.

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Guidance statements

No.33 Acting for insured and insurers

This guidance statement looks at the ethical issues practitioners should consider when acting for or on behalf of an insured on the instructions of an insurer.

No.12 Conflicts of Interest in Criminal and Crime & Corruption Commission Proceedings

This Guidance Statement considers conflicts of interest regarding multiple co-accused in criminal proceedings.

No.17 Conflicts of Interest in Work Health Safety Investigations

This Guidance Statement considers conflicts of interest regarding the representation of multiple employees, at different positions within a company’s chain of responsibility, in Work Health and Safety investigations and the ethical obligations that arise when employees are compelled to participate in interviews under the Work Health Safety Act 2011 (Qld)