Open AccessTyphoid Marys: The Ethical Dilemma of Lawyers Shifting Firms
Author(s) -
David Coull
Publication year - 1998
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v28i1.6087
Subject(s) - confidentiality , dilemma , project commissioning , law , publishing , business , political science , ethical dilemma , public relations , law and economics , sociology , philosophy , epistemology
This article analyses the conflict of interest that arises when a lawyer moves from one law firm to another. The various responses of the courts and the legal profession, both in New Zealand and in overseas jurisdictions, are considered. The article also examines the use of Chinese walls to prevent law firms from being disqualified from continuing to act for an existing client simply because a new lawyer has joined the firm. The article concludes that Chinese walls should, in some limited circumstances, be recognised as being effective to prevent the disclosure of confidential information.