What types of conflicts occur?
There are three main types of conflicts that can occur: • conflicts between duties to the court and to a client; • conflicts between a lawyer’s interests and a duty to a client; and • conflicts between duties owed to two or more clients. When does a conflict between duties to the court and to a client occur? A conflict can occur in many different situations. Some examples are: • where a client wants to issue proceedings to extort or blackmail someone; • where the client’s action is vexatious or hopeless; • where a client refuses to produce a discoverable document; and • where the client wants evidence to be called from witnesses who would not assist the client’s case or damage the opponent’s case. The duties a lawyer owes to the court always override the duties the lawyer owes to their client. When does a lawyer/client conflict occur? A lawyer/client conflict will occur if a lawyer’s personal interests conflict with his or her duties to their client, forcing him or her to choose betwee
