Podcast
Questions and Answers
What consequence is associated with dishonesty in legal practice?
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?
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?
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?
Which factor is deemed an aggravating factor in legal practice?
Under what condition can a lawyer act for multiple clients?
Under what condition can a lawyer act for multiple clients?
Under the new PCR Rule 21, what must a former client provide for a lawyer to continue acting for a current client?
Under the new PCR Rule 21, what must a former client provide for a lawyer to continue acting for a current client?
What is required of a lawyer if unable to obtain independent legal advice from a former client?
What is required of a lawyer if unable to obtain independent legal advice from a former client?
What was the focus of the former PCR Rule 31?
What was the focus of the former PCR Rule 31?
When can a lawyer act for a current client despite not fulfilling the requirements of the new PCR Rule 21?
When can a lawyer act for a current client despite not fulfilling the requirements of the new PCR Rule 21?
In the context of legal representation, what constitutes 'adverse interest' under the new PCR Rule 21?
In the context of legal representation, what constitutes 'adverse interest' under the new PCR Rule 21?
What aspect of legal practice does the new PCR Rule 21 pragmatically address?
What aspect of legal practice does the new PCR Rule 21 pragmatically address?
The cases under the former Rule 31 provide insight into what aspects of representation under Rule 21?
The cases under the former Rule 31 provide insight into what aspects of representation under Rule 21?
What must a lawyer do before accepting instructions from multiple relevant parties?
What must a lawyer do before accepting instructions from multiple relevant parties?
What condition necessitates the lawyer to cease acting for relevant parties?
What condition necessitates the lawyer to cease acting for relevant parties?
Which of the following is NOT required by Rule 20 sub Rule 3 when acting for multiple clients?
Which of the following is NOT required by Rule 20 sub Rule 3 when acting for multiple clients?
What must a relevant client provide if they choose not to seek independent legal advice?
What must a relevant client provide if they choose not to seek independent legal advice?
What does the lawyer need to remain vigilant about after taking on a matter involving multiple relevant parties?
What does the lawyer need to remain vigilant about after taking on a matter involving multiple relevant parties?
Which of the following could indicate that a relevant client is under undue influence?
Which of the following could indicate that a relevant client is under undue influence?
What must a lawyer inform their clients about if they encounter a conflict after the matter has been accepted?
What must a lawyer inform their clients about if they encounter a conflict after the matter has been accepted?
What does Rule 20 sub Rule 3b primarily address?
What does Rule 20 sub Rule 3b primarily address?
What is the primary purpose of PCR Rule 20?
What is the primary purpose of PCR Rule 20?
What is the primary focus of Rule 20 in the context of informed consent?
What is the primary focus of Rule 20 in the context of informed consent?
Which case primarily addresses the definition of a 'client' under section 2(1) of the LPA?
Which case primarily addresses the definition of a 'client' under section 2(1) of the LPA?
Which of the following factors is NOT considered for finding an implied retainer according to the referenced cases?
Which of the following factors is NOT considered for finding an implied retainer according to the referenced cases?
In which case is the position of a lawyer when instructed by an agent discussed?
In which case is the position of a lawyer when instructed by an agent discussed?
What does PD 7.1.2 specifically address?
What does PD 7.1.2 specifically address?
Which rule emphasizes honesty, competence, and diligence within legal practice?
Which rule emphasizes honesty, competence, and diligence within legal practice?
PD 7.4.3 concerns which of the following?
PD 7.4.3 concerns which of the following?
What aspect of the legal profession does s11 UCTA focus on?
What aspect of the legal profession does s11 UCTA focus on?
In the context of legal practice, implied retainers are largely determined based on which of the following?
In the context of legal practice, implied retainers are largely determined based on which of the following?
Which of the following cases discusses factors for finding an implied retainer?
Which of the following cases discusses factors for finding an implied retainer?
What must a lawyer do if they can no longer deal properly with divergent interests of multiple clients?
What must a lawyer do if they can no longer deal properly with divergent interests of multiple clients?
Which of the following statements is true regarding the representation of multiple clients?
Which of the following statements is true regarding the representation of multiple clients?
What is one precaution a lawyer must take when representing multiple clients?
What is one precaution a lawyer must take when representing multiple clients?
Under PCR Rule 20 sub-Rule 7, when can a lawyer continue to represent a client after a conflict arises?
Under PCR Rule 20 sub-Rule 7, when can a lawyer continue to represent a client after a conflict arises?
What did the court emphasize in the Henry Rusley case regarding acting for multiple parties?
What did the court emphasize in the Henry Rusley case regarding acting for multiple parties?
Which obligation is emphasized in both the old rules and the new Rule 20 sub-rules?
Which obligation is emphasized in both the old rules and the new Rule 20 sub-rules?
What aspect is considered crucial when determining the legitimacy of representing multiple clients?
What aspect is considered crucial when determining the legitimacy of representing multiple clients?
What should clients be advised to do if they have divergent interests?
What should clients be advised to do if they have divergent interests?
What must occur for a lawyer to continue acting for a relevant party amidst conflicting interests?
What must occur for a lawyer to continue acting for a relevant party amidst conflicting interests?
Flashcards
PCR Rule 21
PCR Rule 21
A new rule for handling former client conflicts in legal practice.
Informed Consent
Informed Consent
Explicit written permission from a former client before continuing to represent a new client with conflicting interests.
Adequate Safeguards
Adequate Safeguards
Measures to protect confidential information of the former client when acting for a current client with competing interests.
Former Client Notification
Former Client Notification
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Same or Related Subject Matter (old rule)
Same or Related Subject Matter (old rule)
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Adverse Interest
Adverse Interest
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Federicks Case
Federicks Case
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Conflict before representation
Conflict before representation
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Divergence of Interests
Divergence of Interests
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Pre-representation duties
Pre-representation duties
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Client awareness of Risks
Client awareness of Risks
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Client intentions
Client intentions
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Undue influence
Undue influence
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Separate legal advice
Separate legal advice
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Conflict of interest when acting for multiple clients
Conflict of interest when acting for multiple clients
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Preemptive avoidance of conflict
Preemptive avoidance of conflict
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Divergent interests
Divergent interests
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Continuing representation despite conflict
Continuing representation despite conflict
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Acting for multiple clients
Acting for multiple clients
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Adequate protection of interests
Adequate protection of interests
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Independent legal advice
Independent legal advice
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Advising clients on risks
Advising clients on risks
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Prudent approach to multi-client representation
Prudent approach to multi-client representation
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Legitimacy of multi-client representation
Legitimacy of multi-client representation
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Retainer
Retainer
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Implied Retainer
Implied Retainer
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Factors for Implied Retainer
Factors for Implied Retainer
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Honesty
Honesty
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Competence
Competence
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Diligence
Diligence
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Law Society of Singapore v. Uthayasurian Sidambaram [2009]
Law Society of Singapore v. Uthayasurian Sidambaram [2009]
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Law Society of Singapore v Ahmad Khalis bin Abdul Ghani [2006]
Law Society of Singapore v Ahmad Khalis bin Abdul Ghani [2006]
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Anwar Patrick Adrian v Ng Chong & Hue LLC [2014]
Anwar Patrick Adrian v Ng Chong & Hue LLC [2014]
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Law Society of Singapore v Lee Suet Fern [2020]
Law Society of Singapore v Lee Suet Fern [2020]
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Pressure of Practice
Pressure of Practice
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Consequences for Dishonesty
Consequences for Dishonesty
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Duty Depends on Scope
Duty Depends on Scope
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High Diligence Regardless of Fee
High Diligence Regardless of Fee
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Confidentiality of Client Information
Confidentiality of Client Information
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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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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.