Issue

Whether the lawyer is responsible for conflict of interest, confidentiality and liable to make the loss good
for the company

Rule

2.1.1 intergrity

3,3,1 usage of confidential information

3.4.1 duty of conflict of interest

3.5.1 preservation of clients property

R vs neil case

Application

In this case, being a lawyer there is breach of duty of integrity towards the company YAR. No doubt being
a friend I heard the Suzanne smith point of you but as lawyer the foremost responsibility is towards YAR.
Ethically it was my duty not to discuss the matter of board room to my friend may be she want some
legal advice.

Secondly , there was a breach of duty of confidentiality on my part because I discuss the information of
Yar with my friend that is against my professional responsibility moreover it is the duty of every lawyer to
preserve the information of clint for long even after the case was decided and in this case I am in good
faith share all the information to my friend and handed over all the bank statements with my friend
which is unethical.

Thirdly , every lawyer is under duty to take care of conflict of interest and in this case there was a conflict
of interest of Yar with that of my friend Suzanne smith and as a friend I was trying to help her out but as
a lawyer it was my duty not to take the matter personally and should not discuss matter with my friend .

Lastly, a lawyer if under responsibility to preserve the clients property safely but in this case I handed
over the bank statement and all the documents to Suzanne smith so there of breach of duty on my part .

Mistakenly , I shared all the confidential information of the company to my friend in good faith, there
may be consequences in which company can sue me for the breach of above duties.

Conclusion

As a lawyer, on the basis of above rule I am liable for the breach of duty of confidentiality, conflict of
interest and disclosure of confidential information and breach of duty to take care of the client’s
property. The company may file a suit against me for professional misconduct.

Duty to avoid conflict of interest

3.4.1
A lawyer is under duty not to act or continue to act for a client in which there is conflict of interest
involved otherwise permitted by the court

Commentary 1

Bright line test , a lawyer is under duty not to take up the matter which involves conflict of interest it
means lawyer will not represent the client whose legal interest is conflicting with that of immediate legal
client. If the matters are not related but there is conflict of interest then the layer must take the consent
of clients for such representation.

Commentary 2

If the bright line rule is not applicable even then the lawyer must not take up the matter which is against
the interest of the client and the lawyer personal interest involved,

Commentary 3

This rule applies to the lawyer representation of a client in all circumstances in which the lawyer acts for

Commentary 5

The rule governing conflicts of interest is founded in the duty of loyalty which is grounded in the law
governing fiduciaries. the lawyer and client relationship was based on trust, the lawyer has the duty of
loyalty to the client. In order to maintain public confidence in the integrity of the legal profession and the
administration of justice in which lawyer play a key role , it is essential that lawyers respect the duty of
loyalty. Arising from the duty of loyalty are other duties , such as a duty to commit to the clients cause,
the duty of confidentiality , the duty of candour and duty to avoid conflict of interest.

Commentary 6

A client must be assured of the lawyers undivided loyalty, free from any material impairment of the
lawyer and client relationship. The relationship may be irreparably damaged where thw lawyers
representation of one client is directly adverse to another clients immediate leal interest. One client may
legitimately fear that the lawyer will not pursue the representation out of the deference to the other
client.

Other duties arising from the duty of loyalty.

7.

The lawyer duty of confidentiality is owed to both current and former clients , with the related duty not
to attack the legal work done during a retainer or to undemine the formers clients position on the matter
that was central to the reatainer.\

8. the lawyers duty of commitment to the clients cause prevents the lawyer from summarily and
unexpectly dropping a client to circumvent conflict of interest rule s. the client may legitimately feel
betrayed if the lawyer ceases to act for the client of all mattrs relevant to the retainer.

Identifying conflicts
A lawyer is under duty to examine whether a conflict of interest is remain there till the time period of
the retainer signed