Editorials

Professional negligence: a duty of candid disclosure?

Lawyers, whether barristers or solicitors, owe their clients a duty to disclose any conflict of interest that has arisen and to inform their clients that they should thereafter go to another lawyer for advice and help. In legal terms, a conflict of interest arises between a lawyer and client when their interests are no longer the same. There are many ways in which this may arise in practice--for example, if a lawyer has conducted a client's case negligently. Lawyers are in breach of their professional code of conduct if they fail to comply with these duties. Understandably none of us like to find ourselves in such a position; but no client should suffer from a lawyer's mistakes or ineptitude. We all, however, make mistakes. No sensible lawyer thinks that it can never happen to him or her.

Why should the . . . [Full text of this article]

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