Document ID: chunk:federal_register_of_legislation:F2018L00031:reg:19
Version: federal_register_of_legislation:F2018L00031
Segment Type: reg
Provision Reference: reg 19
Character Range: 15478–17404

19   Loyalty

Client
(1)     A registered attorney is a fiduciary in respect of the registered attorney's dealings with a client, and owes a duty of loyalty to a client.

(2)     A registered attorney must not prefer the registered attorney's own interests over the interests of a client.

(3)     Subject to subsection (4), a registered attorney must not prefer the interests of one client over the interests of another client.

(4)     Subject to subsection (5), a registered attorney must not act for a client in a matter knowing that the client's interests in that matter are adverse to the interests of another client of the registered attorney unless:
(a)     both clients in writing have given informed consent to the registered attorney acting in the matter; and
(b)     where the registered attorney holds confidential information relevant to the matter obtained from or on behalf of either client – the registered attorney has established an effective information barrier in relation to the relevant confidential information.

(5)     A registered attorney must not act for two or more clients in the same matter relating to a proceeding before a court, a tribunal, a like adjudicative body or an intellectual property office where the registered attorney knows the clients' interests are or are likely to be adverse.

Former client
(6)     A registered attorney must not act for a client in a matter knowing that the client's interests are adverse to the interests of a former client unless:
(a)     the registered attorney does not hold confidential information relevant to the matter obtained from or on behalf of the former client; or
(b)     where the registered attorney does hold confidential information relevant to the matter obtained from or on behalf of the former client – the registered attorney has established an effective information barrier in relation to the relevant confidential information.