Ethics Ruling Number
R5008
Area of Law
Wills and estates
Category
Conflict of Interest
Ethics Ruling Date
19/05/2022
Ethics Pub Date
1/10/2022
Ethics Background
Law Firm A acts for one of the respondents in a VCAT proceeding involving a building dispute. Another respondent to the proceeding has been granted leave to provide a report from an expert who is a current client of Law Firm A in an unrelated matter and for whom the firm has previously acted in other unrelated matters. Both Law Firm A and the expert have stated that Law Firm A is not in possession of client confidential information of the expert. The expert has stated that they are prepared to give consent to Law Firm A continuing to act in the VCAT proceeding. Law Firm A has sought guidance from the Ethics Committee as to whether or not it is conflicted and, if so, whether it should cease acting in the proceeding.
Ruling
RULING In the opinion of the Ethics Committee and on the information presented: 1. Provided that the Expert gives informed consent to Law Firm A continuing to act in the VCAT proceeding for one of the respondents, thus addressing any duty of loyalty or confidentiality, the administration of justice does not require that Law Firm A withdraw from the case. 2. Law Firm A should disclose to VCAT that the Expert is a past and current client of the firm.

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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