11. Conflict of interest in proceedings before court or tribunal

The following principle guides the interpretation of this rule.Principle A legal practitioner’s duty to advance the interests of the legal practitioner’s client, and to present the client’s best possible case, is subject to the legal practitioner’s duties as an officer of the court and to assist in the administration of justice.

A legal practitioner must not appear before a court or tribunal in a matter where —

it would be difficult for the legal practitioner to maintain the legal practitioner’s professional independence by reason of any commercial, family, personal or other relationship between the legal practitioner and his or her client; or

the impartial administration of justice might or might appear to be prejudiced by reason of the legal practitioner’s relationship with the court or tribunal or any member of the court or tribunal.

In any case where it is known or it appears that a legal practitioner will be required to give evidence which is material to the determination of any contested issue before a court or tribunal —

the legal practitioner —

must not accept instructions from any party to that case; and

must, if the legal practitioner was acting for any party to that case, discharge himself or herself, or, where the legal practitioner has represented that party in any proceedings relating to that case, apply to be discharged, from acting further for that party; but(b)the law practice in which the legal practitioner practises, or a member of that law practice, may represent or continue to represent any party to that case, unless doing so would prejudice the administration of justice.

The following principle guides the interpretation of this rule.Principle A legal practitioner’s duty to advance the interests of the legal practitioner’s client, and to present the client’s best possible case, is subject to the legal practitioner’s duties as an officer of the court and to assist in the administration of justice.

A legal practitioner must not appear before a court or tribunal in a matter where —

it would be difficult for the legal practitioner to maintain the legal practitioner’s professional independence by reason of any commercial, family, personal or other relationship between the legal practitioner and his or her client; or

the impartial administration of justice might or might appear to be prejudiced by reason of the legal practitioner’s relationship with the court or tribunal or any member of the court or tribunal.

In any case where it is known or it appears that a legal practitioner will be required to give evidence which is material to the determination of any contested issue before a court or tribunal —

the legal practitioner —

must not accept instructions from any party to that case; and

must, if the legal practitioner was acting for any party to that case, discharge himself or herself, or, where the legal practitioner has represented that party in any proceedings relating to that case, apply to be discharged, from acting further for that party; but(b)the law practice in which the legal practitioner practises, or a member of that law practice, may represent or continue to represent any party to that case, unless doing so would prejudice the administration of justice.