Screen a matter in which the practice acts for two current clients

Key facts

Human involvement

Yellow · Close supervision

How AI is used

Where the practice is asked to act, or is acting, for two or more current clients, record whether the matters are the same or related, whether the clients' interests are adverse, and what each client has been told about the practice also acting for the other. Record any information confidential to one client that the lawyer has flagged as possibly material to the other client's matter. Record any informed consent and any information barrier already in place. Do not decide that the practice may act or continue to act.

What the lawyer must review

The lawyer decides whether the practice may act or continue. Rule 11 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, in the Western Australian compilation that was opened, is headed conflict of duties concerning current clients. Rule 11.1 says a solicitor and a law practice must avoid conflicts between the duties owed to two or more current clients. Rule 11.2 says that if a solicitor or 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 rules 11.3 and 11.4. Rule 11.3 says the practice may, subject always to each solicitor discharging the duty to act in the best interests of their client, only act if each client is aware that the solicitor or law practice is also acting for another client and has given informed consent. Rule 11.4 adds that where the practice acts for two or more clients in the same or related matters and is in, or comes into, possession of information confidential to one client which might reasonably be concluded to be material to the other client's matter and detrimental to the interests of the first client if disclosed, the solicitor and the law practice may not act or continue to act for the other client unless each client's informed consent permits the disclosure and use of that information for the benefit of the other client, or requires the establishment and maintenance at all times of an effective information barrier to protect the confidential information of each client. Rule 11.5 says that if, during the matter, an actual conflict arises between the duties owed to two or more of those clients, the practice may only continue to act for one of them, or for two or more between whom there is no conflict, where any client for whom the practice ceases to act has given informed consent to the practice continuing for the remaining clients, and the duty of confidentiality owed to all of the clients is not put at risk. The opened rule does not define informed consent or effective. The lawyer decides whether the duties conflict and whether the practice may act. The opened text is the Western Australian compilation. The lawyer confirms the compilation that binds the practice. Other compilations were not opened.

Written for / version

US