Package includes:

Online CPD Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $149 - NZLS members and Associate members
• $195 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

Online CPD Module

We all know our obligations as practitioners with respect to conflicts of interest but implementing the theory in a busy office can be challenging. While this module will outline the key fiduciary and statutory obligations on practitioners, it will focus on offering practical advice and suggestions that will help enable you to avoid conflicts and complaints in your workplace. The presenters will discuss their own practices in managing conflicts when advising clients on commercial, property, trusts and private client matters. They will also consider the potential ramifications of failing to manage conflicts well.

This module will include:

• An overview of the conflict of interest rules
• A discussion of how the conflicts of interest rules have been interpreted by the Standards Committees and Legal Complaints Review Officer (LCRO)
• Tools for establishing values and framework for dealing with conflicts of interest
• Insights into how other practitioners deal with conflicts.

Learning objectives

By completing this module you will:

• A refresher of the conflict of interest rules.
• An update of the case law.
• Practical advice and insights into dealing with conflicts of interest.

Electronic paper 

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.

This paper is split into four parts.

1. The first part is an overview of the relevant legislation and Code of Conduct rules relating to conflicts of interest.
2. The second part analyses a 2019 LCRO decision dealing with a relatively straightforward conflict of interest.
3. The third part focuses on the consequences of failing to adequately deal with a conflict of interest.
4. The final part records best practice in relation to avoiding conflicts.

This paper is not meant to be an exhaustive analysis of the rules relating to conflicts of interest or a safe harbour list of situations where you can act. Instead, this paper focuses on the rules that in our experience are often misunderstood and ends with some practical guidance as to how to identify potential conflict. Our hope is that lawyers will adopt a significantly more conservative approach when considering conflict of interest issues.

PowerPoint Presentation

These are the slides included in the presentation.