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Acting against former clients: loyalty vs confidentiality

Acting against former clients:  loyalty vs confidentiality

By Gino Dal Pont

Confidential Information 


Targeting confidentiality in the successive conflict context aligns with the recognition, by judges and rule-makers, of scope for information barriers. At the turn of the 21st century, the Victorian Court of Appeal, in dealing with former client (successive) conflicts, opined that “the danger of misuse of confidential information is not the sole touchstone for intervention where a solicitor acts against a former client”,1 which could be sourced from an equitable obligation of “loyalty”.

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