EPR 3 - Conflicts of Interest
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Questions and Answers

What consequence is associated with dishonesty in legal practice?

  • Striking off from the roll (correct)
  • Temporary suspension
  • Financial penalties
  • Mandatory retraining

What must a solicitor ensure regarding confidential information?

  • It remains confidential unless waived by the court
  • It is shared among colleagues for verification
  • The client's prior consent is obtained for disclosure (correct)
  • It can be disclosed without client consent

What is NOT considered an excuse for a solicitor's conduct?

  • Lack of available resources
  • Inexperience in handling cases (correct)
  • Misinterpretation of the law
  • High pressure from clients

Which factor is deemed an aggravating factor in legal practice?

<p>Past erroneous conduct (D)</p> Signup and view all the answers

Under what condition can a lawyer act for multiple clients?

<p>If the clients are not directly opposing each other (B)</p> Signup and view all the answers

Under the new PCR Rule 21, what must a former client provide for a lawyer to continue acting for a current client?

<p>Written informed consent (A)</p> Signup and view all the answers

What is required of a lawyer if unable to obtain independent legal advice from a former client?

<p>They should have adequate safeguards for confidentiality. (B)</p> Signup and view all the answers

What was the focus of the former PCR Rule 31?

<p>Whether actions were taken for similar or related subject matter. (A)</p> Signup and view all the answers

When can a lawyer act for a current client despite not fulfilling the requirements of the new PCR Rule 21?

<p>If there are adequate safeguards and reasonable efforts to notify the former client. (D)</p> Signup and view all the answers

In the context of legal representation, what constitutes 'adverse interest' under the new PCR Rule 21?

<p>Acting against the interests of the former client during a case. (C)</p> Signup and view all the answers

What aspect of legal practice does the new PCR Rule 21 pragmatically address?

<p>The conditions under which a lawyer can represent conflicting interests. (D)</p> Signup and view all the answers

The cases under the former Rule 31 provide insight into what aspects of representation under Rule 21?

<p>What is considered the same or related subject matter. (A)</p> Signup and view all the answers

What must a lawyer do before accepting instructions from multiple relevant parties?

<p>Explain the divergence of interests to all relevant parties. (D)</p> Signup and view all the answers

What condition necessitates the lawyer to cease acting for relevant parties?

<p>If the lawyer cannot properly deal with divergent interests. (B)</p> Signup and view all the answers

Which of the following is NOT required by Rule 20 sub Rule 3 when acting for multiple clients?

<p>Keep all information confidential from all parties. (D)</p> Signup and view all the answers

What must a relevant client provide if they choose not to seek independent legal advice?

<p>A written confirmation declining to get such advice. (B)</p> Signup and view all the answers

What does the lawyer need to remain vigilant about after taking on a matter involving multiple relevant parties?

<p>Look out for any arising conflicts of interest. (C)</p> Signup and view all the answers

Which of the following could indicate that a relevant client is under undue influence?

<p>Making decisions contrary to their usual practices. (B)</p> Signup and view all the answers

What must a lawyer inform their clients about if they encounter a conflict after the matter has been accepted?

<p>The conflicts of interest arising between relevant parties. (A)</p> Signup and view all the answers

What does Rule 20 sub Rule 3b primarily address?

<p>Explaining detriment to relevant clients involved. (C)</p> Signup and view all the answers

What is the primary purpose of PCR Rule 20?

<p>To address conflicts between clients and how lawyers should handle them. (A)</p> Signup and view all the answers

What is the primary focus of Rule 20 in the context of informed consent?

<p>Providing specific scenarios for context-specific transactions (C)</p> Signup and view all the answers

Which case primarily addresses the definition of a 'client' under section 2(1) of the LPA?

<p>Law Society of Singapore v Uthayasurian Sidambaram (A)</p> Signup and view all the answers

Which of the following factors is NOT considered for finding an implied retainer according to the referenced cases?

<p>Written agreement stipulation (B)</p> Signup and view all the answers

In which case is the position of a lawyer when instructed by an agent discussed?

<p>Fong Maun Yee v Yoong Weng Ho Robert (A)</p> Signup and view all the answers

What does PD 7.1.2 specifically address?

<p>Limitation of Civil Liability (B)</p> Signup and view all the answers

Which rule emphasizes honesty, competence, and diligence within legal practice?

<p>Rule 5 PCR (C)</p> Signup and view all the answers

PD 7.4.3 concerns which of the following?

<p>Warrant to Act (D)</p> Signup and view all the answers

What aspect of the legal profession does s11 UCTA focus on?

<p>Unfair contract terms (A)</p> Signup and view all the answers

In the context of legal practice, implied retainers are largely determined based on which of the following?

<p>Expectation and understanding between parties (A)</p> Signup and view all the answers

Which of the following cases discusses factors for finding an implied retainer?

<p>Law Society of Singapore v Ahmad Khalis bin Abdul Ghani (B)</p> Signup and view all the answers

What must a lawyer do if they can no longer deal properly with divergent interests of multiple clients?

<p>Cease to act unless all clients give consent. (B)</p> Signup and view all the answers

Which of the following statements is true regarding the representation of multiple clients?

<p>Representation of multiple clients is permissible if interests are protected. (A)</p> Signup and view all the answers

What is one precaution a lawyer must take when representing multiple clients?

<p>Advise clients of the risks associated with multiple representations. (A)</p> Signup and view all the answers

Under PCR Rule 20 sub-Rule 7, when can a lawyer continue to represent a client after a conflict arises?

<p>When consent is obtained in writing from the sidelined clients. (C)</p> Signup and view all the answers

What did the court emphasize in the Henry Rusley case regarding acting for multiple parties?

<p>There are situations where acting for multiple parties is acceptable. (D)</p> Signup and view all the answers

Which obligation is emphasized in both the old rules and the new Rule 20 sub-rules?

<p>A lawyer must withdraw from representation if they have a conflict. (A)</p> Signup and view all the answers

What aspect is considered crucial when determining the legitimacy of representing multiple clients?

<p>The adequacy of protection for the interests of the relevant parties. (B)</p> Signup and view all the answers

What should clients be advised to do if they have divergent interests?

<p>Obtain independent legal advice. (D)</p> Signup and view all the answers

What must occur for a lawyer to continue acting for a relevant party amidst conflicting interests?

<p>A written consent must be secured from all other conflicting clients. (B)</p> Signup and view all the answers

Flashcards

PCR Rule 21

A new rule for handling former client conflicts in legal practice.

Informed Consent

Explicit written permission from a former client before continuing to represent a new client with conflicting interests.

Adequate Safeguards

Measures to protect confidential information of the former client when acting for a current client with competing interests.

Former Client Notification

Informing the former client about safeguards and representation of the current client.

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Same or Related Subject Matter (old rule)

Whether the current client's case shares a common issue with cases already done for former clients.

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Adverse Interest

When representing a current client may require acting against the interests of a former client.

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Federicks Case

A case (under the former rule) that is useful in understanding similar or related subject matter.

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Conflict before representation

Rules 20.2, 20.3, 20.4 and 20.7 apply when a lawyer intends to represent parties who have differing interests, before accepting a case.

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Divergence of Interests

Clients have conflicting interests, important before a representation begins or in progress.

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Pre-representation duties

A lawyer must explain conflicting interests, confidentiality limitations, and potential prejudice to clients before accepting representation.

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Client awareness of Risks

Lawyer must explain risks involved with representing multiple clients with conflicting interests to the clients.

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Client intentions

Lawyer must ascertain the intentions of all relevant clients.

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Undue influence

Lawyer must assess if a client is under undue influence before a transaction.

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Separate legal advice

The lawyer should advise clients to seek independent legal counsel regarding differing interests.

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Conflict of interest when acting for multiple clients

A situation where a lawyer represents two or more clients with opposing or diverging interests.

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Preemptive avoidance of conflict

Taking steps to avoid conflict of interest before a lawyer takes on a case, or as soon as a conflict arises.

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Divergent interests

Interests of multiple clients that are not aligned, potentially leading to a conflict of interest.

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Continuing representation despite conflict

When a lawyer can continue representing a client if they stop representing others with opposing interests, and the removed client(s) consent in writing.

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Acting for multiple clients

Representing more than one client in the same matter or transaction.

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Adequate protection of interests

Ensuring that the interests of all clients are safeguarded and balanced in representation.

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Independent legal advice

Seeking separate counsel for each client for ensuring proper protection of their interests.

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Advising clients on risks

Clearly outlining potential conflicts and negative consequences associated with multiple representations.

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Prudent approach to multi-client representation

A cautious approach when deciding whether to take on a representation of multiple clients.

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Legitimacy of multi-client representation

Acting for multiple clients is not inherently wrong if interests are properly protected.

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Retainer

A formal agreement between a lawyer and client outlining the scope of representation and fees.

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Implied Retainer

A legal relationship formed without an explicit agreement, but where actions indicate a client-lawyer relationship.

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Factors for Implied Retainer

Elements considered to determine if an implied retainer exists, including communication, actions, expectations, and past interactions.

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Honesty

A fundamental duty for lawyers, requiring them to be truthful and transparent in their interactions with clients and the legal system.

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Competence

A lawyer's ability to provide legal services with reasonable care and skill, based on their knowledge, experience, and expertise.

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Diligence

A lawyer's dedication and effort in representing their client's interests, including thorough preparation, timely communication, and effective advocacy.

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Law Society of Singapore v. Uthayasurian Sidambaram [2009]

A landmark case defining who is considered a 'client' under the Legal Profession Act.

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Law Society of Singapore v Ahmad Khalis bin Abdul Ghani [2006]

A key case explaining the concept of implied retainer and the factors considered in determining its existence.

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Anwar Patrick Adrian v Ng Chong & Hue LLC [2014]

A case that clarifies the circumstances under which an implied retainer may arise.

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Law Society of Singapore v Lee Suet Fern [2020]

A recent case that elaborates on the elements necessary for an implied retainer in specific circumstances.

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Pressure of Practice

A lawyer cannot use the pressures of their practice as an excuse for misconduct.

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Consequences for Dishonesty

Dishonesty by a lawyer often results in being struck off the legal register - losing their license to practice.

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Duty Depends on Scope

A solicitor's duty is defined by the scope of the agreement they have with their client (the retainer).

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High Diligence Regardless of Fee

Lawyers must show a high level of diligence, regardless of the fee they charge.

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Confidentiality of Client Information

Client information is confidential and requires prior consent to be disclosed.

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Study Notes

Ethics and Professional Responsibility

  • Covers conflicts of interest, specifically:
    • Conflicts of interest between current and former clients
    • Conflicts of interest between multiple clients

Conflicts of Interest - Current and Former Clients

  • A solicitor is not permitted to represent a current client if three conditions are met:
    • The solicitor holds confidential information belonging to the former client.
    • The current client has an interest that is reasonably expected to be adverse to the former client's interest.
    • The information the solicitor holds is reasonably expected to be material to the representation of the current client.

Conflicts of Interest - Multiple Clients

  • Rule 21 basically reflects two guiding principles:
    • Loyalty and confidentiality are owed by a solicitor and his/her law practice even after the retainer has ended.
  • Rule 21(1) sets out principles to guide the interpretation of the rule.

PCR Rule 21

  • Replaces the old Rule 31
  • Contains two conditions to act for a former client even if the three conditions mentioned earlier are met
    • Adequate safeguards in place to protect the confidential information belonging to your former client
    • Reasonable efforts to notify the former client of one, those safeguards and two, the fact that you will continue to act for your current client.

PCR Rule 31

  • Focused on whether the solicitor is acting for the current client on matter that is the same or related to what they acted for the former client

Conflicts of Interest - Cases and Implications

  • Lush v Federicks: Case regarding restraining a lawyer who acted for a defendant in previous matters involving the same company
    • Matters are related if confidential information was conveyed to the lawyer in the previous matter
    • The court allowed restraining the lawyer
    • Focused on the rationale of the old rule 31 which is to ensure public retains confidence in the integrity of the legal profession
  • Nohayati: Case applied similar principle
  • Cases under Rule 21 - New principle set-up in Rule 21 sub-rule 2
    • Important to state that you must be holding on to confidential information that is material to your current dispute
    • The old Rule 31 is still useful as it gives cases/ideas on what constitutes the same or related subject matter

PCR Rule 20

  • Deals with conflicts between two or more clients
    • Before taking the matter: The lawyer explains the divergence of interests to relevant parties
    • During litigation:
      • Prevents divulging of information
      • Advises against acting if not able to properly address conflicting interests
      • Asks for confirmation to continue to act after notifying on risks with the client

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Related Documents

EPR Video Lecture 3 - Conflicts of Interest PDF

Description

Test your understanding of ethical obligations in law regarding conflicts of interest. This quiz covers important principles relating to current and former clients, as well as multiple clients. Enhance your knowledge of Rule 21 and its implications for solicitors.

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