LDC Civil Procedure Practice Questions - Uganda LDC Bar Course - Civil Procedure Exam

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An advocate represents a landlord in an eviction suit. During the suit, the landlord's former business partner approaches the advocate to file a suit against the landlord regarding a partnership dispute. The partner offers to share confidential financial records of the landlord that the advocate had previously reviewed. What is the advocate's ethical duty under the Advocates (Professional Conduct) Regulations, SI 267-2?

The advocate can represent the partner as long as they charge a separate fee and file a separate suit. The advocate must decline the partner's instructions because representing them against a current or former client creates a conflict of interest, especially where confidential information is involved. The advocate can represent the partner but must disclose the landlord's confidences to the trial judge in chambers. The advocate must represent both parties and attempt to settle the matter out of court without informing either client of the dual representation.

Correct Answer:

The advocate must decline the partner's instructions because representing them against a current or former client creates a conflict of interest, especially where confidential information is involved.

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