Ethics Ruling Number
R4998
Area of Law
Family
Category
Conflict of Interest
Ethics Ruling Date
22/07/2021
Ethics Pub Date
1/11/2021
Ethics Background
There is no conflict of interest in a law firm acting against a former client in an unrelated matter in circumstances where there is no real and sensible possibility of the misuse of confidential information and the former client files had been archived or destroyed. A law firm (‘Firm A’) acted for the de facto wife in family law and intervention order matters in the Magistrates Court. The other parties were the former de facto husband and his mother who were represented by another firm (‘Firm B’). Firm A previously acted for the former de facto husband and his mother in unrelated personal injury matters. All of the client files in relation to those matters had been archived and destroyed. Firm B asserted that Firm A was conflicted in continuing to act for the de facto wife in the family law and intervention order matters.
Ruling
In the opinion of the Ethics Committee and on the information presented: 1. Firm A is not conflicted in continuing to act for the de facto wife in her family law and intervention order matters on the basis that there is no real and sensible possibility of the misuse of confidential information of its previous clients the former de facto husband and his mother in unrelated matters, there is no breach of the equitable duty of loyalty owed by the law firm to those former clients, and the administration of justice does not require the law firm to cease acting.

Law Institute of Victoria
Ethics Committee of Law Institute of Victoria Ltd
Legal Ethics Manager
Phone: 03 9607 9336
Email: ethics@liv.asn.au

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