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Recorded Webinars

Recorded Webinar: Preserving Integrity: Ethical Duties in the Face of Conflicts of Interest

At the heart of the recent PwC scandal are allegations that the firm misused confidential information from a government client to drum up work. While these allegations have been the subject of investigation, the media coverage of them and the actions alleged of its staff, serve as

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About the Webinar

At the heart of the recent PwC scandal are allegations that the firm misused confidential information from a government client to drum up work. While these allegations have been the subject of investigation, the media coverage of them and the actions alleged of its staff, serve as a timely reminder of the importance of understanding and upholding all the ethical duties lawyers owe to clients and what the proper discharge of these duties may require in a day-to-day sense. This session will examine:

  • The ethical duties which lawyers owe to clients concerning the gathering and use of information and documents;
  • The definition of client within the context of these ethical duties, how far that may extend and specific provisions which may apply when acting for government clients
  • Ethical implications of recusal, withdrawal, or seeking informed consent
  • Examples from decided cases concerning breaches of the duties including the misuse of information, confidentiality as well as examples of when potential conflicts were effectively and appropriately managed
  • Strategies for early detection of conflicts of interest and disclosure of potential conflicts
  • Tips for implementing conflict management protocols and ethical decision-making frameworks

Presented By

David Bailey
Barrister, Victorian Bar Melbourne, Vic

David is a member of the Victorian Bar, and has been in legal practice for over 40 years. He has a strong interest in dispute resolution including arbitration and mediation. He was a founding member of the Australian Centre for International Commercial Arbitration board and served on it from 1985 to 2010; he is a fellow of ACICA and a fellow of the Resolution Institute and the first Chair of the International Law Section of the Law Council of Australia. David is also an Adjunct Professor of Law at Victoria University where he teaches Commercial Arbitration. He regularly presents papers on civil litigation and dispute resolution for the Law Institute, Leo Cussen Institute, Legalwise and other bodies. He is the senior author of Civil Procedure Victoria and the author of Discovery and Interrogatories, Australia published by Lexis Nexis.

A former solicitor for over 25 years heading up a banking practice in a major law firm he now practises primarily in commercial litigation concerning banker/customer disputes, distribution and franchising disputes, cross border trade and commercial disputes and international transactions. He was counsel for Castel Electronics Pty Ltd in the key cases concerning international commercial arbitration in the Federal Court of Australia, the Full Federal Court of Australia and the High Court, TCL Air Conditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd [2014] FCAFC 83; Castel Electronics Pty Ltd v TCL Air Conditioner (Zhongshan) Co Ltd [2014] FCA 1214 and TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia (2013) 295 ALR 596.

Who Should Attend?

This webinar is suitable for lawyers - Australia wide.

CPD Information

Lawyers can claim 1 CPD unit – Ethics

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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