By Janine Griffiths-Baker
It is necessary that attorneys aren't let themselves to behave for 2 consumers whose pursuits could, very likely, clash. even if, this precept is being positioned less than expanding strain, the most purposes for this being elevated call for for expert criminal providers, the globalization of trade, a dramatic progress within the dimension of prime legislation enterprises, and considerably larger mobility in the felony career. for that reason, there's a growing to be development, particularly in the advertisement felony atmosphere, for solicitors to stand conflicts of curiosity that have no effortless resolution. more and more, conflicts are being "managed" instead of refrained from altogether. this can be a box during which the legislations Society's personal ideas are flouted each day, and during which those principles seem more and more at odds with the typical legislation. in response to broad interviews with legal professionals and their consumers, this booklet offers the 1st thorough attention of the way conflicts of curiosity are dealt with inside legislations enterprises.
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Extra resources for Serving Two Masters: Conflicts of Interest in the Modern Law Firm (Onati International Series in Law & Society)
Example text
18 The Regulatory Regime A more useful classification for the purpose of this particular study is the attempt to analyse the topic by reference to the subject matter of the conflict. Finn divides conflicts into four types: 1. 2. 3. 4. 4 An alternative method, and one employed by Glover,5 is to classify conflicts on a temporal basis, that is to say, according to when the duties of the solicitor arise. Either one duty precedes the other—for example, where the solicitor represents one client and then takes on another with conflicting interests, in which case the conflict is ‘successive’, or the duties arise more or less at the same time— for example, where the solicitor acts for more than one party in the same transaction, in which case the conflict is ‘simultaneous’.
48 44 Also sometimes referred to as an ‘ethical wall’ (see DK Orlik, ‘California Narrows the Ethical Wall; Pennsylvania Expands It’, Legal Assistant Today, May/June 1993, at 144) and sometimes even ‘insulation walls’ (see GC Hazard, ‘Erecting a Wall to Prevent Conflicts of Interest’, National Law Journal, 21 July 1997, at A19). Indeed, in these politically correct times, some have argued that the term ‘Chinese wall’ is discriminatory, see KJ Conger, ‘Standards of Conduct Issue—”Chinese Walls” ’, Public Power, Jan/Feb 1998.
91 [1998] 3 NZLR 641. Confidential information in this instance had been given purely to one partner in the firm who was not involved in the new case. The Regulatory Regime 37 clients’ interests? 2) Is there a real risk that the confidential information will be disclosed?