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LLB 197 Week 8 Conflicting Interests

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Week 8 notes on the conflicting interests of client and lawyers • Conflicts of interest are of concern for lawyers because these types of situations can lead to both disciplinary and negligence claims. • The potential for a conflict can arise in almost all legal practices but they are potentially more likely in very large firms and in rural and remote situations where there are not many lawyers available for the public to choose.

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7 Pages Partial Study Notes 1-2 Years old
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LLB 197 Week 8 Conflicting Interests
Topics this document covers:
Law Legal ethics Philosophy of law Professional ethics Legal professions Legal professional privilege Common law Privileged communication Fiduciary Confidentiality Costs in English law Lawyer
This is a Partial Set of Study Notes

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Topics this document covers:
Law Legal ethics Philosophy of law Professional ethics Legal professions Legal professional privilege Common law Privileged communication Fiduciary Confidentiality Costs in English law Lawyer
Sample Text:
• The potential for a conflict can arise in almost all legal practices but they are potentially more likely in very large firms and in rural and remote situations where there are not many lawyers available for the public to choose. Areas of Potential Conflict Acting for both Parties (convenient/less costly) • Acting for both parties or acting for more than one party to a transaction, prima facie raises the issue that there is a conflict of interest. • Acting for more than one party in a transaction can arise in any number of ways, for example acting for a vendor or purchaser of land or a business; acting for a purchaser of land and the incoming mortgage; acting for a purchaser, vendor and mortgagee. • The principle behind the reasoning against acting for more than one party to a t...
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