(Download) "Conflicts of Duty: The Perennial Lawyers' Tale - a Comparative Study of the Law in England and Australia." by Melbourne University Law Review * Book PDF Kindle ePub Free
eBook details
- Title: Conflicts of Duty: The Perennial Lawyers' Tale - a Comparative Study of the Law in England and Australia.
- Author : Melbourne University Law Review
- Release Date : January 01, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 463 KB
Description
[This article compares the approaches taken by English and Australian courts to lawyers' conflicts of duty. In particular, it examines the principles of law which govern an application seeking to restrain a lawyer from acting on behalf of client 'B'on the basis that the lawyer's duty to 'A' (a present or former client) will be breached. The article will also examine preliminary and related matters, including: standing requirements, information barriers (such as Chinese walls) and the potential consequences of delay There are three bases on which a court may restrain a lawyer from acting: misuse of a client's confidential information; breach of a lawyer's duty of loyalty; and the inherent jurisdiction of the court over its officers. This article discusses the divergence between English and Australian law regarding the availability of these grounds.] It is of extreme public interest that no conduct should be permitted which is likely to prevent a litigant in a Court of justice from having his case tried free from all matter of prejudice. (1)