Client-Client Conflict

From Uni Study Guides
Jump to: navigation, search


This article is a topic within the subject Law, Lawyers and Society.

Required Reading

Y. Ross & P. MacFarlane, Lawyers’ Responsibility and Accountability: Cases, Problems and Commentary, Fourth Edition (Butterworth’s, 2012), pp. .

  • [1] Conflicts of interest may generally give rise to injunctions. More difficult as it is two public interests against each other
  • [2] no man can serve two masters: Moddy v Cox (1917) and Greco & Greco (2008)
  • [3] Opposing a former client: Court has some power to restrain solicitors from acting due to potential conflict of interest

Prince Jefri Bolkiah v KPMG (1999)

Facts:
  • KPMG provided services to a former client and potentially has the power to use confidential information of the former client to work for another, opposing client
Issues:
  • Considering the global nature of KPMG, is action against a potential conflict feasible or justified?
  • Is there an absolute rule of law? According to the precedent of Rakusen v Ellis Munday& Clarke (1912), no. But Rakusen appears to unfairly burden former clients
  • Is it based on risk or should it be banned altogether?
  • One needs to disprove that information would be disclosed
Result: Prince Jefri won

End

This is the end of this topic. Click here to go back to the main subject page for Law, Lawyers and Society.

References

Textbook refers to Y. Ross & P. MacFarlane, Lawyers’ Responsibility and Accountability: Cases, Problems and Commentary, Fourth Edition (Butterworth’s, 2012).

  1. Textbook, p. 11.1
  2. Textbook, p. 11.14
  3. Textbook, p. 11.27
Personal tools
Namespaces

Variants
Actions
Navigation
Toolbox