CQU Professional Conduct Assignment
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- Principal's Office
- Sure, what is the matter that the client needs help with?
- Good morning Michelle. I have a client I need you to look after.
- What is the reason for the injunction?
- The client is Shops-R-Us developers. Their development has been halted by an environmental group.
- Apparently there are concerns about a koala population on the land.
- You will meet with the client tomorrow at 2 pm.
- Later that night...
- You know how passionate I am about koalas!
- Babe, I feel so conflicted about tomorrow's meeting.
- zzzzzzzzz
- The meeting
- Good afternoon Mr Smith. My name is Michelle. It is lovely to meet you.
- Hi there. Thank you for meeting with me. Please call me John.
- The principal has asked me to oversee your matter. How can I help John?
- My company is in charge of the new development. Some silly environmental activist group is trying to stop it.
- I need you to get the injunction lifted
- All the paperwork is correct. We have acted legally in all matters.
- We need to show this group has no standing
- I hear what you are saying John. I will look over the matter with our principal.
- Could you please email me your written instructions in the meantime.
- Of course. Thank you.
- My office
- I wonder if my passion for koala conservation would be a conflict of interest?
- She said you are a lawyer. I am involved in an environmental action against a developer.
- I wonder if you could help with any legal advice. I know you love koalas!
- Hey Michelle. We have a mutual friend who gave me your number.
- They are called Shops-R-Us.
- But, this could be a conflict of interest! I also risk breaking confidentiality.
- Well... this is interesting. In a perfect world, I would love to help this group.
- That is a shame. I really thought you would help.
- I am truly sorry.
- Thank you for reaching out.
- Unfortunately I will not be able to help you with your request at this time.
- Looking at the all the information on the file, it appears Shops-R-Us have acted legally in their actions.
- Perhaps I should talk to Karen.
- I guess that is a relief! However, it also means I have less options to avoid this matter.
- Principal's Office
- Karen, I need to talk to you?
- Sure, what is the problem?
- It is about the Shops-R-Us matter.
- How did the meeting go?
- I just feel ethically conflicted about the case, as I am passionate about koala conservation.
- The injunction should be possible to overturn.
- That's great!
- Oh I see....
- If you do, you will need to let Mr Smith know. He can then decide on representation.
- You need to work out if you have any actual conflicting interest.
- You also need to consider your duties as a solicitor, to act in the best interests of the client.
- The weekend
- Oh what a beautiful koala!
- While I have previously worked with koalas, I have no political ties with any organisation.
- I've gone through everything I can think of to determine if I have a real conflict of interest
- I really only have my personal opinion,
- Principal's Office
- Good morning. How was your weekend?
- Good morning Michelle. It was wonderful. How about yours?
- It was great. Richie and I went for a bush walk and saw some koalas.
- Sounds exciting. Did you have a chance to think about the matter?
- Yes I did. If another lawyer is not available to look after this case, then I will continue to handle the matter.
- I will still let the client know my previous history working with koalas, as a point of disclosure. I will let him decide if he would like me to continue representation.
- Ok. Well, I will arrange a meeting with the client immediately. Please know that I will commit 100% to the client in this matter.
- Unfortunately, I have no other lawyer available.
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