Ethics Ruling Number
R5041
Area of Law
Commercial
Category
Solicitor as witness
Ethics Ruling Date
21/08/2025
Ethics Pub Date
18/09/2025
Ethics Background
Law Practice A acts for one of the named defendant (A) in a dispute involving a joint venture agreement. A took possession of a property purchased by a company created pursuant to the joint venture and commenced trading. It is alleged that A and other defendants worked together to exclude from the business one of the parties, B. A dispute exists as to whether the Principal solicitor of Law Practice A will now be called as a material witness in the matter.
Ruling
In the opinion of the Ethics Committee and on the information presented: 1. The Principal solicitor of Law Practice A may continue to act for their client until such time as it becomes apparent that they will be required to give material evidence in relation to a contested issue. At this stage, it is not apparent that they will be required to give evidence in relation to a contested issue. 2. If it becomes apparent that the Principal solicitor of Law Practice A will be called to give material evidence in the Court proceeding regarding a contested issue, then the solicitor and Law Practice A must cease acting for A. The solicitor should forewarn their client of this possibility.

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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