NSW Conflict of interest

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Abused

Member
20 March 2021
3
0
1
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 party to be successful in 96%+ of all cases with the 4% made up of respondents capable of self funded representation resulting in a short matter upto 3 months typically 4 to 8 weeks with the resultant cases closing with no contest
With tax payer funded matters drawn out a minimum of 2.5 years and cessation or agreeance even if contrary to binding act
 

Docupedia

Well-Known Member
7 October 2020
378
54
794
I'm sorry, but I cannot understand what you are trying to ask.
What is the perceived conflict you're talking about?
Are you trying to ask: "Is there a conflict of interest merely because one party has legal representation and the other one doesn't?"
 

Abused

Member
20 March 2021
3
0
1
sorry my traumatised mind 😩
No is is a conflict for a rep to be with applicant in a matter and in another case of similar matters be a respondents rep with different individuals but same similar situations and or at times given the targeted audience representing a sibling as a defence and another as arbitrary
 

Docupedia

Well-Known Member
7 October 2020
378
54
794
Lawyers conflicts arise in two general areas:
- Conflict between duty to the administration of justice (i.e. the courts) and duty to the client; and
- Conflict of duty between clients (past, present).

No conflict of interest arises just because of similarity of matters - regardless of what side they are representing. If that were the case, it would be completely unworkable and there wouldn’t be any specialists as they’d almost never get enough experience to gain knowledge.

Representing two parties in the same matter is possible, but frowned upon depending on the circumstances. The risk the lawyer runs is if the interests of the two parties divulges, or becomes adversarial. If they do, the lawyer has to resign from both parties because their knowledge of both sides would unfairly disadvantage whoever they don’t end up acting for.
 

Harry De Elle

Well-Known Member
11 February 2017
63
3
199
I draw your attention to the Legal Profession Uniform Law 2015 (schedule 1 - Legal Profession Uniform Law Australian Solictor's Conduct Rules 2015. s10,11 and 12 of the operational rules).