In this article
Before a law firm can act for you, it has to check it is allowed to. That check protects you, and it is one of the quiet things that sets a real law firm apart.
Here is what a conflict check is, the rules behind it, and how Lawlux runs one.
Key takeaways
- Lawyers cannot act where a conflict of interest exists.
- The three common conflicts are acting against a former client, acting for two clients with differing interests, and a lawyer's own interests differing from the client's.
- A conflict check is run before you are engaged, governed by the Legal Profession Uniform Law and the Solicitors' Conduct Rules.
- Lawlux runs an automated, AI-assisted conflict check that a lawyer reviews.
The rules
Lawlux is governed by the Legal Profession Uniform Law and the Australian Solicitors' Conduct Rules. The rules that matter most for conflicts are confidentiality (Rule 9), conflicts with former clients (Rule 10), conflicts between current clients (Rule 11), and a lawyer's own interests (Rule 12).
Acting against a former client
Duties to a client do not end when the matter does. A lawyer should not act against a former client where they hold confidential information that is material to the new matter and would be detrimental to the former client if disclosed. Where appropriate, information barriers isolate lawyers and information so confidential information is not misused.
Ask Lawlux a question for free, any hour, and see the Australian law behind the answer.
Two clients with differing interests
A lawyer generally should not represent more than one client in the same matter, which protects everyone if interests diverge. Limited exceptions exist, for example some conveyancing, with informed consent. Lawlux does not act for both sides of a matter.
A lawyer's own interests
Lawyers must not let their own interests conflict with yours, and must not benefit from the relationship beyond the agreed fee for their work.
How Lawlux runs a conflict check
Consistent with our value "we replace ourselves", we built a conflict check system that pulls corporate data from Australian Government databases, automatically cross-checks our existing clients and matters against the new client and matter, deep-searches our matter documents, and uses our own AI to run fuzzy name searches and produce a report for a Lawlux lawyer to review.
Frequently asked questions
What is a conflict check?
What are the main conflicts of interest?
Does Lawlux act for both sides of a matter?
This article is general information, not legal advice. For advice on your situation, ask Lawlux or talk to a Lawlux lawyer.
Dave is Lawlux's Managing Principal and leads the employment and industrial relations practice.
About Lawlux
Lawlux is an Australian law firm, reimagined around technology. Ask a legal question any hour and get a clear answer with the Australian law behind it, for free.
When you need more, you get fixed fee legal work and one-on-one time with an expert lawyer, backed by our professional indemnity insurance. More human, built on AI.