JSB171 Lecture Notes - Lecture 1: Ethical Dilemma, Fiduciary, Kpmg
Document Summary
Topic 1 ethics and the lawyer: duties to clients, duties to the court and duties to the administration of justice. Topic 2 structure and regulation of the legal profession in queensland. Ethical obligations owed to the court and to the administration of justice. Category 1: conflict between duty and lawyer"s interest (a) A person who undertakes to act for another is referred to as a fiduciary". When a solicitor agrees to act for a client the solicitor becomes a fiduciary. (b) Arm"s length relationship: each party is engaged in conducting their own affairs; acting in their own self- interest; not required to disclose everything they know to the other party. Fiduciary duties are imposed on lawyers by reason of their specialised skill; special opportunity to exercise a power or discretion to the detriment of the client who is accordingly vulnerable to abuse by the fiduciary.
