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2 Found helpful • 74 Pages • Complete Study Notes • Year: Pre-2021 • Previously uploaded under: LLB 197 - Lawyers and Australian Society
Covers all content covered in LLB 197 including Weeks 1 to 13. Example of notes: Week 7 Duty of Loyalty: Confidentiality and Privilege What is the scope of the duty of loyalty? • The duty of loyalty includes o A lawyer must no permit their own interests to override those of their client o A lawyer must avoid a conflict of interest wherever possible o Where a conflict of interest emerges, a lawyer must make full frank disclosure of the conflict to the client (Law Society of NSW v Harvey) • The duty of loyalty covers both: o Confidentiality o Legal Professional Privilege • Fiduciary principle – lawyers must give undivided loyalty to their client “without being distracted by other interests including personal interests” (R v Neil (2002)). Duty of Confidentiality Do practitioner’s have a duty of confidentiality to their clients? • Legal practitioners owe a duty of confidentiality to their cleints o A person should be entitled to seek and obtain legal advice without the apprehension of subsequent disclosure of the communication (Esso v Commissioner of Taxation) • It is implied by the retainer and the fiduciary relationship b/t a client and a legal practitioner that all communications are confidential. • Confidentiality is protected by law Evidence Act 1995 (NSW) s 118 • Rule9 9 Confidentiality 9.1 A solicitor must not disclose any information which is confidential to a client and acquired by the solicitor during the client’s engagement to any person who is not: 9.1.1 a solicitor who is a partner, principal, director, or employee of the solicitor’s law practice; or 9.1.2 a barrister or an employee of, or person otherwise engaged by, the solicitor’s law practice or by an associated entity for the purposes of delivering or administering legal services in relation to the client,
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