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Authors: Michael Hofmann-Body, Katherine Mexted
Published: 14 February 2024
Pages: 26

Introduction

Conflicts of interest come in many forms. At their most obvious, they involve one lawyer or law firm representing both parties in the same matter, such as purchaser and vendor, tenant and landlord, or lender and borrower. In less obvious and more complex cases, conflicts can arise where a lawyer holds historical knowledge or confidential information, where clients are contributing unequally or come from unequal bargaining positions, or interests start out common but diverge. Conflicts can exist from the outset when instructions are first received, or may only come into existence as the transaction changes in nature and scope.

Conflicts can also arise when dealing with third parties.

This paper builds on an earlier presentation by Michael at the NZLS CLE CPD Day Wellington – General Practitioner 2022. The purpose is to identify and discuss the rules relating to conflicts of interest, and then provide lawyers with guidance on how conflicts should be dealt with. (continues...)

Content outline

• Part 1 – primary legislation and rules
• Part 2 ‒ a case study - LCRO 108/2016
• Part 3 – implications of a complaint
• Part 4 ‒ best practice

Content outline