ACT Legal Profession (Solicitors) Conduct Rules 2015 - Law Assignment Help

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Question

Jess is a sole practitioner in a very small law practice that consists of herself, an assistant, and a receptionist. Jess has a reputation for being an extremely competent litigator, street-smart, and who has a fluent and technical understanding of the Solicitors’ Rules. She is currently acting for Barry, the former CEO of the company that operates one of the most successful Australian Football League (AFL) teams in Melbourne. Barry is suing the company, his former employer, in the Victorian Supreme Court seeking orders for damages and a public apology for the dismissal.

Sue, a young ambitious and talented lawyer, works for Excel Lawyers who act for the former employer in the proceedings brought by Barry. Sue has done some research work in this matter but is on the periphery of it, only hearing snippets about how the proceedings are going during office ‘gossip’.

Jess is inundated with work and Barry’s proceedings are taking all her time. She puts out feelers for prospective lawyers to fill a position as her right-hand-person and second chair on lawsuits she is currently involved with, including Barry’s proceedings. To her surprise and delight Sue applies for the position. Jess does not hesitate, and after a brief interview employs her and immediately puts her to work on Barry’s proceedings.

Excel Lawyers makes an application to the Victorian Supreme Court seeking orders to restrain Jess from acting further for Barry in the proceedings on the basis of a conflict of interest.

Identify the bases upon which Excel Lawyers may or may not be successful in their interlocutory application to restrain Jess. In doing so you are not required to repeat the facts of any cases you apply in your discussion. You are required to identify the critical principles and rules that are relevant to assist the Supreme Court in its consideration of Excel Lawyers’ application.

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