conflict of interest

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A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates to situations in which the personal interest of an individual or organization might adversely affect a duty owed to make decisions for the benefit of a third party.
An "interest" is a commitment, obligation, duty or goal associated with a particular social role or practice. By definition, a "conflict of interest" occurs if, within a particular decision-making context, an individual is subject to two coexisting interests that are in direct conflict with each other. Such a matter is of importance because under such circumstances the decision-making process can be disrupted or compromised in a manner that affects the integrity or the reliability of the outcomes.
Typically, a conflict of interest arises when an individual finds himself or herself occupying two social roles simultaneously which generate opposing benefits or loyalties. The interests involved can be pecuniary or non-pecuniary. The existence of such conflicts is an objective fact, not a state of mind, and does not in itself indicate any lapse or moral error. However, especially where a decision is being taken in a fiduciary context, it is important that the contending interests be clearly identified and the process for separating them is rigorously established. Typically, this will involve the conflicted individual either giving up one of the conflicting roles or else recusing himself or herself from the particular decision-making process that is in question.
The presence of a conflict of interest is independent of the occurrence of inappropriateness. Therefore, a conflict of interest can be discovered and voluntarily defused before any corruption occurs. A conflict of interest exists if the circumstances are reasonably believed (on the basis of past experience and objective evidence) to create a risk that a decision may be unduly influenced by other, secondary interests, and not on whether a particular individual is actually influenced by a secondary interest.
A widely used definition is: "A conflict of interest is a set of circumstances that creates a risk that professional judgement or actions regarding a primary interest will be unduly influenced by a secondary interest." Primary interest refers to the principal goals of the profession or activity, such as the protection of clients, the health of patients, the integrity of research, and the duties of public officer. Secondary interest includes personal benefit and is not limited to only financial gain but also such motives as the desire for professional advancement, or the wish to do favours for family and friends. These secondary interests are not treated as wrong in and of themselves, but become objectionable when they are believed to have greater weight than the primary interests. Conflict of interest rules in the public sphere mainly focus on financial relationships since they are relatively more objective, fungible, and quantifiable, and usually involve the political, legal, and medical fiels.

A conflict of interest is a set of conditions in which professional judgment concerning a primary interest (such as a patient's welfare or the validity of research) tends to be unduly influenced by a secondary interest (such as financial gain). Conflict-of-interest rules [...] regulate the disclosure and avoidance of these conditions.

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  1. J

    VIC Conflict of interest?

    I'll do my best to be clear - Mother1 works for solicitor1 as a legal secretary. Father1 is applying for an ivo that is being contested and represented by S1. One of the witnesses listed is Father2. F2 had a previous relationship and shares a son1 with M1. F2 and Wife1 now have more children...
  2. G

    VIC The lawyer who prepared my parents Will is a sibling, Is this a conflict of interest as they are also a beneficiary of the Will?

    The lawyer who prepared my parents Will & POS is my sibling. Is this a conflict of interest as they are also a beneficiary of the Will? My sibling & I do not get along and I have concerns on what could happen after my parents have passed away that the situation will get messy. I am to be...
  3. J

    Executor is the sole beneficiary - conflict of interest?

    How can there not be a conflict of interest if the executor is also the sole beneficiary? Do the two roles just merge, or is the person supposed to act differently depending on the circumstances. For example, what happens during mediation?
  4. B

    NSW Conflict of interest

    My now ex is using same lawyer as my ex partner 10 yrs ago when i am still living with my now ex Is that not conflict of interest? Reason is ex using that same lawyer that act on my ex is hoping she will get same outcome i lost my child and she wants the same now
  5. A

    VIC Conflict of interest

    Is it a conflict of interest for the applicant father to have the law firm of his father/children’s grandfather represent him in a family law case? Does the law firm have the duty of full and frank disclosure to the court to disclose the grandfathers knowledge of past family violence orders...
  6. T

    NSW Solicitor conflict of interest

    A solicitor represents two respondents in a case. If the solicitor is disinclined to entertain an offer of settlement to one of the respondents because it is not in the interests of the other (more important) respondent, can the applicant demand the settlement offer be passed on to the...
  7. Abused

    NSW Conflict of interest

    Curious what is conflict of interest in regards to legal representation if representatives are representing either party in a matter ie today an applicant impartial or respondent. Is a direct or perceived conflict legal? In relation to an area of law subject to my questions is it JUSTICE for 1...
  8. M

    QLD Witness conflict of interest

    In a Family Court trial can the other party Subpoena a witness to give evidence if you have a legal matter in place with that witness. Is this a conflict of interest?
  9. J

    Conflict of Interest? Using same family lawyer as conveyance

    Hi . My brother is currently going through separation with his wife and they are selling their house. She wants to use the same solicitor that she is using for family law for the conveyancing. I would have thought this would be a conflict of interest though?
  10. M

    QLD Ex in new relationship. DV in front of our son.

    My ex re-partnered a month after we broke up and started living with her immediately. He/they wanted shared custody of our young son immediately but I was concerned that it was too early for our child to be a part of a new family unit/dynamic. I was also concerned that the relationship wouldn't...