In the latest episode of The Callover podcast, QLS Principal Ethics and Practice Counsel, Stafford Shepherd, joins host Georgia Athanasellis to unpack one of the most complex ethical challenges in legal practice: conflicts of interest.
The conversation explores three types of conflicts: those involving former clients, current clients, and a lawyer’s own interests.
Stafford explains how prior relationships can create ethical dilemmas, especially when confidential information – whether explicit or intuitive – is at risk of misuse.
He stresses the importance of informed consent and information barriers, noting that failure to manage conflicts can lead to professional misconduct.
Concurrent representation, where a lawyer acts for multiple clients in related matters, is highlighted as particularly challenging.
“That is when our duty of loyalty will be tested to the limits,” Stafford says.
“There is a wonderful Singaporean Court of Appeal decision that says right at the end, to solicitors, ‘when in doubt, don’t’.
“And I think that’s a fabulous set of words because if we’ve got any doubts that we can act even with informed consent, then we shouldn’t.”
The episode also delves into real-world scenarios, such as acting for passengers in a motor accident or encountering a former client on a witness list. These examples underscore the need for vigilance during client intake and throughout the engagement.
The Callover is a podcast created by young lawyers, for young lawyers. It is hosted by the QLS Future Leaders Committee, dedicated to inspiring a generation of connected, capable and healthy young lawyers. Through it we share experiences in the law, unpack issues relevant to young lawyers and gain some insights into the future of lawyering.
You can listen to the podcast on Spotify, Apple Podcasts, or your favourite podcast app.
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