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CQU Professional Conduct Assignment

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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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