The duty in context
No acting against a former client client
The lawyer must not act against a former (or another current) client where they hold that client's materially relevant confidential information, absent effective information barriers or informed consent.
How the codes express this duty
E&W Solicitors SRA Principles & Code CCS 6.5 strong 22 cases
6.5 You do not act for a client in a matter where that client has an interest adverse to the interest of another current or former client of you or your business or employer, for whom you or your business or employer holds confidential information which is material to that matter, unless: ...
SRA Code of Conduct for Solicitors, RELs and RFLs · 2019 · archived copy · official source ↗
E&W Barristers BSB Handbook rC21.3; rC21.4 strong
rC21 ... .3 there is a conflict of interest, or real risk of conflict of interest, between the prospective client and one or more of your former or existing clients in respect of the particular matter unless all of the clients who have an interest in the particular matter give their informed consent ...; or .4 there is a real risk that information confidential to another former or existing client ... may be relevant to the matter ...
BSB Handbook · current · archived copy · official source ↗
Cayman Islands Legal Services Code 2026 R.7.7 strong
An attorney-at-law or a recognised law entity may act for the adversary or counterparty (client A) of a client (including a former client, client B) provided that the attorney-at-law or recognised law entity — (a) is not privy to confidential information in respect of client B that is materially relevant to such dispute or matter; or (b) can protect such confidential information effectively by the use of safeguards
Cayman Islands Legal Services Code of Professional Conduct · 2026 · archived copy
AU Solicitors Solicitors' Conduct Rules Rules 10.1; 10.2 strong 5 cases
10.1 A solicitor and law practice must avoid conflicts between the duties owed to current and former clients. 10.2 A solicitor or law practice who or which is in possession of information which is confidential to a former client... must not act for the current client in that matter UNLESS: 10.2.1 the former client has given informed consent...; or 10.2.2 an effective information barrier has been established.
Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗
AU Barristers Uniform Barristers Rules rr95(a),97 strong 4 cases
A barrister must refuse to accept or retain a brief or instructions to appear before a court if: (a) the barrister has information which is confidential to any other person in the case ... [and] the information may, as a real possibility, be material to the prospective client's case; and ... the person entitled to the confidentiality has not consented. ... A barrister must refuse a brief to advise if the barrister has information which is confidential to any person with different interests.
Legal Profession Uniform Conduct (Barristers) Rules · 2015 (as amended 14 May 2025) · archived copy · official source ↗
IE Solicitors Law Society Guide Ch3 — Non-conveyancing transactions (prior solicitor/client relationship) partial 1 case
If the solicitor is in possession of information, gained within the prior solicitor/client relationship, that could create an unfair advantage or the perception of unfair advantage over the position of the other party, then the solicitor should consider, at the outset, whether it is appropriate to act.
Solicitor's Guide to Professional Conduct (Law Society of Ireland) · 4th ed. (2022) · archived copy · official source ↗
IE Barristers Bar Code of Conduct Rule 3.11 strong 1 case
Barristers ought not to accept instructions if they would be embarrassed in the discharge of their duties because they have previously advised on or drawn pleadings for another client on the same matter ... or they are in possession of material information entrusted to them by another client and it would be prejudicial to that client's interests ... and where they have accepted such instructions they should not continue to act.
Code of Conduct for the Bar of Ireland · 2024 · archived copy · official source ↗
JM Attorneys Canons of Professional Ethics Canon IV(t)(ii) partial 1 case
An Attorney shall not knowingly- ... (ii) use a confidence or secret of his client- (1) to the client's disadvantage; or (2) to his own advantage; or (3) to the advantage of any other person unless in any case it is done with the consent of the client after full disclosure.
Legal Profession (Canons of Professional Ethics) Rules · 1978 (principal) · archived copy · official source ↗
JE Lawyers Law Society of Jersey Code R.6.7 strong
A member or their firm may act for the adversary or counterparty (client A) of a client (including a former client, client B) provided that such member or firm is not privy to confidential information in respect of client B that is materially relevant to such dispute or matter, or can protect such confidential information effectively by the use of safeguards.
Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗
ON Lawyers LSO Rules of Prof. Conduct r 3.4-10 strong
Unless the former client consents, a lawyer shall not act against a former client in (a) the same matter, (b) any related matter, or (c) save as provided by rule 3.4-11, any other matter if the lawyer has relevant confidential information arising from the representation of the former client that may prejudice that client.
Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗
BC Lawyers BC Code r 3.4-10 strong 1 case
Unless the former client consents, a lawyer must not act against a former client in: (a) the same matter, (b) any related matter, or (c) any other matter, if the lawyer has relevant confidential information arising from the representation of the former client that may reasonably affect the former client.
Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗
NZ Lawyers Conduct & Client Care Rules r 8.7.1 strong
A lawyer must not act for a client against a former client of the lawyer or of any other member of the lawyer's practice where— (a) the practice or a lawyer in the practice holds information confidential to the former client; and (b) disclosure of the confidential information would be likely to affect the interests of the former client adversely; and (c) there is a more than negligible risk of disclosure ...
Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 · SR 2008/214 · archived copy · official source ↗
SCO Solicitors LSS Standards of Conduct B1.7 partial 1 case
You must not act for two or more clients in matters where there is a conflict of interest between the clients or for any client where there is a conflict between the interest of the client and your interest or that of your practice unit.
Law Society of Scotland — Practice Rules 2011, Rule B1 (Standards of Conduct) · 2011 · archived copy · official source ↗
SG Lawyers Professional Conduct Rules 2015 r 21 (Conflict, or potential conflict, between interests of current client and former client) strong 3 cases
21 Conflict, or potential conflict, between interests of current client and former client
Legal Profession (Professional Conduct) Rules 2015 · 2015 · archived copy · official source ↗
HK Solicitors Solicitors' Guide Principle 9.03 strong
If a solicitor or his firm has acquired relevant confidential information or knowledge concerning an existing or former client during the course of acting for him, he must not accept instructions where it is likely that he would be duty bound to disclose or use such relevant confidential information or knowledge in breach of his duty of confidentiality to such client.
Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗
HK Barristers Bar Code of Conduct para 6.2(h) strong
if he has material information which was entrusted to him in confidence by or on behalf of another client or former client or there is a significant risk that information confidential to another client or former client might be communicated to or used for the benefit of anyone other than that client or former client without their consent;
Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗
Cases dealing with this duty
36 decisions · link basis: found breached = a tribunal finding; rule cited = the mapped provision is cited in the decision; text match = high-precision text pattern
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Landreth Adonis Daniel
Code of Conduct for Solicitors, REL's & RFL's 2019, SRA Principles 2019
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Toslim Uddin Ahmed
Breaches, Code of Conduct for Solicitors, REL's & RFL's 2019, Lack of Integrity, SRA Principles 2019
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Feng, James Jianshu
Ground 1: From around 1 March 2017 to 17 September 2019 the Lawyer did not comply with his trust accounting obligations and did not keep trust records in accordance with the provisions of the Legal Profession Uniform La…
Costs Order recommending removal of lawyer's name from the Roll of Australian Lawyers $0.00 Proceedings Instituted 1 PDF View decision -
Chrysanthou SC, Sue (Theognosia)
Accepted a brief, and continued to advise and appear in proceedings for a client in circumstances where: 1. she had received information that was confidential to a former client; 2. she had received information (whether…
Reprimand $0.00 About About the OLSC The Commissioner History Mission statement Structure Contact Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot Topics 78 Legal Information Access Centre (LIAC), State Library of NSW , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision -
Hughes, Owen Maldwyn
Allegation 1 - The Lawyer engaged in sexual harassment and / or workplace bullying in breach of Rule 42 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (“the Solicitors’ Rules”) Further, or…
Reprimand $0.00 About About the OLSC The Commissioner History Mission statement Structure Contact Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot Topics 78 Legal Information Access Centre (LIAC), State Library of NSW , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision -
Harold C. Brady
Appeal for Stay of Execution Refused | Court of Appeal decision delivered November 05, 2021. View PDF in Full Screen [2021] JMCA App 27 JAMAICA IN THE COURT OF APPEAL BEFORE: THE HON MRS JUSTICE MCDONALD-BISHOP JA THE H…
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Dib, Ghassan
Breach of section 260 LPA 2004 - Intermixing money Caused a deficiency in the trust account Breach of section 264(2) LPA 2004 - Keeping trust records Breach of section 147(2) LPUL (NSW) - Keeping trust records Failure t…
Fine Practitioner to undertake and complete further legal education Reprimand $4,362.28 About About the OLSC The Commissioner History Mission statement Structure Contact Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot Topics 78 Legal Information Access Centre (LIAC), State Library of NSW , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision -
Gray, Ventry Rollo Wakefield
Breach of NSW Barristers' Rule 97 (as it then was) - a barrister must in certain circumstances refuse a brief if he/she has information which is confidential to any person with different interests to those of the prospe…
Reprimand $0.00 About About the OLSC The Commissioner History Mission statement Structure Contact Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot Topics 78 Legal Information Access Centre (LIAC), State Library of NSW , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision -
Alexis Maitland Hudson
Breaches, Failures
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Angela Farrell
In the matter of Angela Farrell, a solicitor formerly practising as Farrell Solicitors, 28 North Great George’s Street, Dublin 1, and in the matter of the Solicitors Acts 1954-2011 [6102/DT112/13 and 2014 no 57SA] Law S…
strike_off View decision -
Colin Michael Arthur Bishop
Breaches
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Andrew William Shaw & Craig Stephen Turnbull
Breaches, Failures
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Julie Ann Fletcher
Client Money, Others
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O M O Ijaola
Others
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Steven Olaf Youngman
Agreed Statement of Facts
Agreed Statement of Facts View decision -
Henry Earl Ellis
Failures, Solicitors' Accounts Rules
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Rimindeep Bedi
Others
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J R Beresford & D H Smith
Breaches, Failures, Others
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JANET WALTON
Struck Off the Roll of Practitioners
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JANET WALTON
Unprofessional Conduct and Unsatisfactory Conduct by way of Unprofessional Conduct and Suspended
Unprofessional Conduct and Unsatisfactory Conduct by way of Unprofessional Conduct and Suspended 1 PDF View decision
Duty classification does not yet cover every jurisdiction (Ontario, New Zealand and Singapore decisions are indexed but not yet duty-classified), so counts here understate those corpora.