Non-Binding Ethics Rulings - Queensland Law Society

Non-Binding Ethics Ruling

As a service to members, the QLS Ethics and Practice Centre (Centre) offers Non-Binding Ethics Rulings (NBER) on disputes between Australian legal practitioners (at least one of whom is a QLS member), or their practices, over ethical matters.

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Non-Binding Ethics Ruling (2024) 7

8 November 2024

NON-BINDING ETHICS RULING – QUEENSLAND LAW SOCIETY – ETHICS ADVISORY COMMITTEE – CONFLICT – CONDFIDENTIAL INFORMATION – INFORMED CONSENT – INFORMATION BARRIER - whether solicitor in Firm B is in a position of conflict arising from a personal connection with a staff member who works in Firm A.

Non-Binding Ethics Ruling (2021) 6

27 April 2021

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 solicitor.

Non-Binding Ethics Ruling (2020) 5

30 Sept 2020

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.

Non-Binding Ethics Ruling (2019) 4

02 April 2019

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.

Non-Binding Ethics Ruling (2018) 3

10 July 2018

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 D.

Non-Binding Ethics Ruling (2018) 2

10 April 2018

CONFLICT – LAWYERS – whether Firm B should withdraw from acting for Client B who is the executor and beneficiary of the Estate of Client A deceased.

Non-Binding Ethics Ruling (2016) 1

14 Oct 2016

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.