QLD Is this a "Conflict Of Interest"? I think so

[Migz]

Hi All,

So I will put forward this question, Firm X sends Mr. X, to represent my ex partner at a Federal Court Interim Hearing as a town agent for Legal Aid back in 2018.

2019 the Federal Court Judge brings in an ICL into the case, Ms. Z. who runs her own law firm.

2019 the ICL Ms. Z makes submissions to the court during trial to have the Father removed from the Childs Life indeffinately

2019 prior to Final Orders being handed down, Ms.Z removes herself as ICL as she has another job within the state.

2019 an News Article is written about Ms.Z and her new job... inside that news article it states that Ms. Z used to to work as a solicitor for Mr. X and Firm X back before going out on her own and forming Firm Z.

Why didn't Ms.Z state there was a conflict of interest as Mr.X had represented the other party during these proceedings therefore creating a conflict of interest, plus the fact that the two of them would of been able to discuss the case at lengths without my knowledge until this newspaper article came across my desk.

Any views?

Cheers
Migz

 

[Rob Legat - SBPL]

Whether there's a conflict here might be outside the bounds of what you could reasonably conclude.

For a start, there's no conflict in respect to you personally:
- The first relationship was in respect to acting for your ex partner; and
- The second relationship was in respect to acting for your child.

Next, there needs to a consideration of (a) the time frame Ms Z worked for the firm; (b) whether she was involved or had any knowledge of the matter, and (c) the fact that the firm was only acting as a town agent.

Per (a) If Ms Z wasn't at the firm at the relevant time, that should speak for itself.
Per (b) If she had nothing to do with the matter, then there's no information upon which to be conflicted.
Per (c) the extent of information known to the firm is relevant, as they were only acting as town agents. They may have had a very small brief containing no relevant information.

Aside from that, conflicts concerning former clients can be overcome via:
- Information barriers being in place (colloquially known as Chinese Walls); and/or
- The former client has given informed written consent to the solicitor acting.