LAWYERS' ETHICS - SEMINAR THREE: CONFLICT OF INTEREST

(5.00 - 7.00 pm Monday wk 1, HT 2001 Harris Seminar Room, Oriel College)



Reading:

*The Law Society, The Guide to the Professional Conduct of Solicitors, (7th edition 1996), Ch. 15 and Annexe 15A.



*General Council of the Bar, Code of Conduct (7th edn, 2000), paras 603 (e), 606.4, 608 (b) (i), 703

and Section 4 ("Written Standards for the Conduct of Professional Work"), paras. 3.3, 3.4, [4.1], and12.2(a)



***M H Freedman, Understanding Lawyers' Ethics (Matthew Bender, 1990), Chapter 9.



D Luban, Lawyers and Justice (Princeton, 1988) pp 177-8, 228-33,317-21, 371-80



D Luban, "Speculating on Justice: The Ethics and Jurisprudence of Contingency Fees" in Legal Ethics and Legal Practice, Parker and Sampford eds. (Claredon Press, 1995), Ch 5, pp 116-9



A Boon & J Levin, The Ethics and Conduct of Lawyers (Hart, 1999) pp 268 - 283



*R H S Tur,"Conflict of Interest and Lawyers' Ethics" 5 Singapore Academy of Law Journal 35 (1993)



[R H S Tur, "Family Lawyering and Lawyers' Ethics" in Legal Ethics and Legal Practice, Parker and Sampford eds. (Claredon Press, 1995), Ch 7]



Cases:

Armstrong v McAlpin (1981) 449 US 1106

Australian Commercial Research and Development Ltd v Hampson (1991) 1 Qd R 508

*Rakusen v Ellis Munday and Clarke [1912] 1 Ch 831

*Mallesons Stephen Jacques v KPMG Peat Marwick and Others (1990) 4 WAR 357

Spector v Ageda [1973] Ch 30, 48

***Martin v MacDonald Estate (Gray) [1991] 1WWR 705

*Re a firm of solicitors [1992] 1 All ER 353

Fruehauf Finance Corpoaration v Feez (1991) 1 Qd R 558

In the marriage of Thevenaz (1986) FLR 10, 12

Kelly v Cooper [1993] AC 205

R v Batt [1996] Crim L R 910; The Times 30th May 1996

***Prince Jefri Bolkiah v KPMG (a firm) [1999] 1 All ER 517

Christie v Wilson [1999] 1 All ER 545

Re T and A (children) (risk of disclosure) [2000] Fam Law 398

Re L (children) (care proceedings: cohabitation of solicitors) [2000] 3 FCR 71



Essay/Discussion Topics:



Is the Law Society's guidance on so-called "Chinese Walls" coherent or defensible?



To what extent, if at all, is there a different approach to "conflict of interest" in commercial and in

family law and practice? Could any such difference be justified?



How might a code of conduct for lawyers deal with the "former client problem"?



"Problems of conflict of interest are among the most frequent and difficult that a lawyer confronts"

(Monroe H Freedman). Why should this be so and what ethical principles should apply?



What is meant by "positional conflicts of interest"? Do these raise any ethical problems for legal

practitioners?