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Current and former clients

Current and former clients

By Ethics Committee and Ethics Liaison Group


Ethical dilemmas are part of everyday practice for solicitors. The LIV Ethics Committee is available to help. Commercial R4916 – March 2017 — Conflict concerning a former client ASCR 10 Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 – Rule 10. Conflicts concerning former clients "A solicitor and law practice must avoid conflicts between the duties owed to current and former clients, except as permitted by Rule 10.2". Firm A acts for Company X in relation to a dispute with one of its agents. Company X provides educational services to domestic and international students who are sourced by agents with whom Company X enters into agency agreements. The agents are paid a commission based on the fees paid by the students that it recruits. Firm B acts for "the agent". The dispute relates to the terms of the agency agreement between Company X and "the agent". Firm A alleges that Firm B faces a conflict of interest as it has previously acted for Company X. Ruling In the opinion of the Ethics Committee and on the information presented:

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