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Research Seminar - School of Law and Justice: The Limits of Informed Consent in Lawyer Conflicts of Interest in Australia

Presented by Katie Murray, USQ
02 NOV 2022
12.30 PM - 1.30 PM

In their 2021 article, Professors Man Yip and Kelvin FK Low argued that the circumstances of modern society require that greater focus should be given to managing conflicts of interest through the use of informed consent; allowing fiduciaries to act despite the potential for conflict, and preventing potential conflicts from maturing into actual conflicts. Yip and Low’s extensive analysis related to fiduciaries generally, including solicitors. Solicitors, however, are not only fiduciaries but also officers of the court, and therefore owe obligations to the administration of justice that may impose limits on the extent to which solicitors are able to use informed consent to manage conflicts. Drawing on recent case law, this seminar will therefore extend the analysis by examining the extent to which the duty to the administration of justice may place limits on the use of informed consent in lawyers’ conflicts of interest in Australia.

Dr Katie Murray is a Senior Lecturer in Law at the University of Southern Queensland, where she teaches and researches in the area of lawyers’ ethics, including moral and philosophical perspectives. Katie was admitted to practise as a legal practitioner of the Supreme Court of Queensland and the High Court of Australia in 2005, and practised as a solicitor for a number of years prior to joining UniSQ in 2010. Katie recently attended the 2022 International Legal Ethics Conference held in Los Angeles, where she presented an earlier version of this seminar.

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