As a service to members, the QLS Ethics Centre offers Non-Binding Ethics Rulings on disputes between practitioner members (or their practices) over ethical matters. All names appearing in our Non-Binding Ethics Rulings are de-identified. Any resemblance to real persons or entities are purely coincidental.
For more information on the scheme and to make a request, visit the Request a Non-Binding Ethics Ruling page.
NON-BINDING ETHICS RULING – QUEENSLAND LAW SOCIETY – ETHICS COMMITTEE – CONFLICT – FORMER CLIENT – SOLICITOR’S OWN INTERESTS – SOLICITOR AS MATERIAL WITNESS - definition of former client – whether solicitor is in possession of confidential information detrimental to former client – whether an effective information barrier can be established – whether a conflict arises in circumstances where solicitor might be called as a material witness in client’s case and where former client might have a claim in negligence against solicitorRead more
CONFLICT – CONFIDENTIAL INFORMATION – CONCURRENT CLIENTS – INFORMED CONSENT – INFORMATION BARRIER – whether a conflict of interest has been created by Firm A acting for a husband in family law proceedings, while at the same time acting for the same husband and his then wife in relation to the sale of a property.Read more
CONFLICT – CONFIDENTIAL INFORMATION – LAWYERS – INFORMATION BARRIERS – whether Firm B is conflicted from acting in an application for further provision of an estate in circumstances where Firm B previously acted for the deceased in the sale of her interest in a property.Read more
CONFLICT – CONFIDENTIAL INFORMATION – LAWYERS – INFORMATION BARRIERS – whether Firm B should withdraw from acting for Client B and/or Client D because Solicitor A, who will begin employment with Firm B, was formerly employed by Firm A while Firm A was representing Client A and Client C, the respective opposing parties of Client B and Client DRead more
CONFLICT – LAWYERS – where Firm A act as agent for Firm C and on behalf of Client A – where Firm A allege Firm B is conflicted and cannot act for Client B in the administration of the will of the deceased – where Client B acts as executrix of the deceased’s will – where Firm B previously represented Client B and the deceased separately and jointly in other matters – distinction as to acting in the administration of the deceased’s will as opposed to ensuing litigation that may render Firm B material witness.Read more