A solicitor or law firm which acts for an organisation from time to time and expects to do so in the future may accept instructions to act in an unrelated matter against the organisation provided that no conflict of interest exists.

A law firm and one of its partners accepted instructions from a former employee of a large organisation to represent him in an administrative law process challenging action taken by the large organisation. From time to time the law firm’s partner had undertaken legal work for the large organisation in unrelated matters and expected to continue to do so in the future. Neither the law firm nor its partner possessed relevant client confidential information causing a conflict of interest to occur in the current matter. The law firm and its partner sought guidance from the Ethics Committee regarding its ability to continue acting for the employee.

In the opinion of the Ethics Committee and on the information presented:

1. On the assumption that there is no real and sensible risk of the misuse of confidential information, the law firm and its partner can continue to act as solicitors for the employee in his administrative law process as no conflict of interest exists to prevent them doing so.