Ethics Ruling Number
R5024
Area of Law
Family
Category
Conflict of Interest
Ethics Ruling Date
15/02/2024
Ethics Pub Date
18/09/2025
Ethics Background
Law Practice A acts for the wife in Family Law property matters, and Law Practice B represents the husband. Law Practice A seeks guidance as to whether Law Practice B is conflicted in acting for the husband because in an initial conference it previously obtained relevant confidential information from the wife. Law Practice B rejects that allegation on the basis that the wife did not become its client and, in any event, that there is an information barrier.
Ruling
In the opinion of the Ethics Committee and on the information presented: 1. Law Practice B received confidential information of the wife arising from its initial free interview. 2. Law Practice B does not have in place effective information barriers to quarantine the risk of misuse of that confidential information. 3. Law Practice B should immediately cease acting for the husband.

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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