Chinese Walls in Brunei: Prince Jefri Bolkiah v. KPMG
(1999) 22 University of New South Wales Law Review 243–255
13 Pages Posted: 6 Jun 2015
Date Written: 1999
Bolkiah represents the latest decision on the increasingly litigated issue of subsequent adverse representation. While the decision is clear and rejects a number of problematic presumptions and duties imposed in other cases, its test is too stringent and unduly interferes with the client's right to choose his or her firm of lawyer. It is submitted that if a firm has taken all reasonable measures to protect client confidences and disclosure of confidential information is not probable, then the firm should be able to continue to act. The matter of Chinese walls has been considered by the highest Courts in Canada, New Zealand, and England.
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