Ethics Ruling Number
R5007
Area of Law
Commercial
Category
Conflict of Interest
Ethics Ruling Date
21/10/2021
Ethics Pub Date
1/02/2021
Ethics Background
Where a solicitor delivering a seminar provides a post-seminar answer to an attendee’s query, no solicitor-client engagement will come into existence in circumstances where no confidential information is conveyed. A solicitor presented a seminar to lawyers on questions relating to new emergency legislation and regulations, and their application to commercial leases. At the conclusion of the seminar, attendees were invited to email the solicitor with any further questions. An attendee (‘the attendee’) at the seminar emailed the solicitor a question concerning the applicability of certain regulations to a particular factual scenario regarding a commercial lease to which the solicitor replied. The solicitor later acted for a tenant in a commercial lease dispute listed for mediation before the Small Business Commissioner. The solicitor was subsequently contacted by the attendee, who advised that the attendee owned the company that was the landlord in this matter. The solicitor sought an Ethics Committee ruling as the attendee alleged a conflict of interest on the basis that the solicitor had provided a post-seminar answer to the attendee’s question regarding that company which contained confidential information.
Ruling
In the opinion of the Ethics Committee and on the information presented: 1. Given the circumstances, no solicitor and client engagement ever came into existence between the solicitor and the attendee or their company. 2. No confidential information was conveyed to the solicitor by the attendee. 3. The solicitor is not conflicted in continuing to represent their client in the mediation before the Small Business Commissioner.

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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