Conflicts of Duty : The Perennial Lawyers' Tale - A Comparative Study of The Law in England and Australia  

Oleh:

Goubran, Sandro

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Melbourne University Law Review vol. 30 no. 1 (Apr. 2006), page 88-144.
Topik: LAWYERS; conflicts on duty; lawyers; law

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: MM70 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

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.

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