Welcome > ADMA > Your Enquiry > Conflict of Interest > Former client conflicts
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In brief: You may only act against former clients in certain circumstances with that client’s consent. Note that “consent” and “disclosure” are both defined in Code rule 1.1-1. Even if you are permitted to act against a former client, before accepting such a retainer, you must also consider your continuing duty of confidentiality to your former client (Code rule 3.3-1) and how this may impact or conflict with your duty of honesty and candour to your current client (Code rule 3.2-2). For further detail, please refer to the Code rules and resources below.
Code - Acting against former clients: BC Code rule 3.4-10.
Code - Short-term summary legal services: BC Code rule 3.4-11.
Code - Confidential information: BC Code rule 3.3-1 Commentary [6].
Code - Definition of consent: BC Code rule 1.1-1.
Code - Definition of disclosure: BC Code rule 1.1-1.
More guidance on evaluating your firm’s procedures for detecting conflicts of interest can be found in the Model Conflicts of Interest Checklist.
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