6. Conflict, Confidentiality And Disclosure Flashcards
6.1
You do not act if there is an own interest conflict or a significant risk of such a conflict.
6.2
You do not act in relation to a matter or particular aspect of it if you have a conflict of interest or a significant risk of such a conflict in relation to that matter or aspect of it, unless:
A) the clients have a substantially common interest in relation to matter or the aspect of it, as appropriate; or
B) the clients are competing for the same objective
And the conditions below are met, namely that:
I) all the clients have given informed consent or evidenced in writing, to you acting;
ii) where appropriate, you put in place effective measures to protect your clients confidential information
iii) you are satisfied it is reasonable for you to act for clients
6.3
You keep the affairs of current and former clients confidential unless disclosure is required or permitted by law or the client consents.
6.4
Where you are acting for a client on a matter, you make the client aware of all information material to the matter of which you have knowledge, except when:
a) the disclosure of the information is prohibited by legal restrictions imposed in the interest of national security and the prevention of crime;
b) your client gives informed consent, given or evidenced in writing, to the information not being disclosed to them
c) you have reason to believe that serious physical or mental injury will be caused to your client or another if the information is disclosed; or
d) the information is contained in a privileged document that you have knowledge of only because it has been mistakenly disclosed
6.5
You do not act for a client in a matter where the client has an interest adverse to the interest of another current or former client of you of your business or employer, for whom you or your business or employer holds confidential information which is material to that matter, unless:
a) effective measures have been taken which result in there being no real risk of disclosure of the confidential information; or
b) the current or former client whose information you or your business or employer holds has given informed consent, given or evidenced in writing your acting, including to any measures taken to protect the information.
