21. Conflict, or potential conflict, between interests of current client and former client

The following principles guide the interpretation of this rule.Principles(a)The duties of loyalty and confidentiality owed by a legal practitioner to his or her client continue after the termination of the retainer.

The duties of loyalty and confidentiality owed by a law practice to its client continue after the termination of the retainer.

Subject to paragraphs (3), (4) and (5), a legal practitioner or law practice must decline to represent, or must withdraw from representing, a client (called in this rule the current client) in a matter, if —

the legal practitioner or the law practice holds confidential information relating to a former client (called in this rule the former client) that is protected by rule 6;

the current client has an interest that is, or may reasonably be expected to be, adverse to an interest of the former client; and

that information may reasonably be expected to be material to the representation of the current client in that matter.

Paragraph (2) does not prevent a legal practitioner or law practice from acting, or continuing to act, for the current client, subject to any conditions agreed between the legal practitioner or law practice and the former client, if —

the legal practitioner or law practice has adequately advised the former client to obtain independent legal advice; and

the former client gives the former client’s informed consent in writing to the legal practitioner or law practice acting, or continuing to act, for the current client.

Where the requirements in paragraph (3)(a) and (b) are not met despite reasonable efforts by the legal practitioner or law practice to meet those requirements, paragraph (2) does not prevent the legal practitioner or law practice from acting, or continuing to act, for the current client, if —

there are adequate safeguards in place to protect the former client’s confidential information; and

the legal practitioner or law practice has made reasonable efforts to notify the former client —

of those safeguards; and

that the legal practitioner or law practice will act, or continue to act, for the current client.

Where it would be illegal for the legal practitioner or law practice to meet the requirements in paragraphs (3)(a) and (4)(b), paragraph (2) does not prevent the legal practitioner or law practice from acting, or continuing to act, for the current client, if —

there are adequate safeguards in place to protect the former client’s confidential information; and

the legal practitioner or law practice ensures that the former client’s confidential information is not accessed, used or disclosed without the former client’s consent in writing.

The following principles guide the interpretation of this rule.Principles(a)The duties of loyalty and confidentiality owed by a legal practitioner to his or her client continue after the termination of the retainer.

The duties of loyalty and confidentiality owed by a law practice to its client continue after the termination of the retainer.

Subject to paragraphs (3), (4) and (5), a legal practitioner or law practice must decline to represent, or must withdraw from representing, a client (called in this rule the current client) in a matter, if —

the legal practitioner or the law practice holds confidential information relating to a former client (called in this rule the former client) that is protected by rule 6;

the current client has an interest that is, or may reasonably be expected to be, adverse to an interest of the former client; and

that information may reasonably be expected to be material to the representation of the current client in that matter.

Paragraph (2) does not prevent a legal practitioner or law practice from acting, or continuing to act, for the current client, subject to any conditions agreed between the legal practitioner or law practice and the former client, if —

the legal practitioner or law practice has adequately advised the former client to obtain independent legal advice; and

the former client gives the former client’s informed consent in writing to the legal practitioner or law practice acting, or continuing to act, for the current client.

Where the requirements in paragraph (3)(a) and (b) are not met despite reasonable efforts by the legal practitioner or law practice to meet those requirements, paragraph (2) does not prevent the legal practitioner or law practice from acting, or continuing to act, for the current client, if —

there are adequate safeguards in place to protect the former client’s confidential information; and

the legal practitioner or law practice has made reasonable efforts to notify the former client —

of those safeguards; and

that the legal practitioner or law practice will act, or continue to act, for the current client.

Where it would be illegal for the legal practitioner or law practice to meet the requirements in paragraphs (3)(a) and (4)(b), paragraph (2) does not prevent the legal practitioner or law practice from acting, or continuing to act, for the current client, if —

there are adequate safeguards in place to protect the former client’s confidential information; and

the legal practitioner or law practice ensures that the former client’s confidential information is not accessed, used or disclosed without the former client’s consent in writing.