Ethics Ruling Number
R5037
Area of Law
Other
Category
Acting against a former client
Ethics Ruling Date
19/06/2025
Ethics Pub Date
3/07/2025
Ethics Background
A solicitor was employed by Firm X for approximately 3 years, undertaking dispute work in relation to the compulsory acquisition of land. The solicitor acted for a statutory corporation during the course of their employment at Firm X. The solicitor joined Firm Y approximately 3 years after leaving their employment at Firm X. Firm Y act for a client who is opposed to the statutory corporation. The solicitor is overseeing the matter and Firm X are claiming that Firm Y are conflicted due to the solicitor’s previous ongoing solicitor/client relationship with the statutory corporation. Firm X have provided evidence that the solicitor gave oral advice in the matter in which they are now opposed to the statutory corporation. Firm Y assert that there is no conflict of interest and that the solicitor and Firm Y can continue to act. Firm X requested that Firm Y cease acting in the matter.
Ruling
In the opinion of the Ethics Committee and on the information presented: The solicitor and by imputation, Firm Y, have an actual conflict of interest due to the solicitor having acted in relation to the same matter while at Firm X giving rise to a relevant duty of loyalty to the statutory corporation which prevents them from acting against the statutory corporation in the same matter. That duty survives beyond the solicitor leaving their employment at Firm X and is independent of the existence of any relevant confidential information.

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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