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Property - conflict of interest

Property - conflict of interest
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What are your obligations as a practitioner when you have been asked to act for more than one client in a property transaction? First, the presenters will outline the key fiduciary and statutory obligations on property lawyers in these situations, and also offer practical suggestions that will help enable you to avoid conflicts or complaints. The presenters will then outline the procedure that solicitors should follow, and the obligations on them, in the event of a claim or complaint.

This seminar will include:
  • Documenting your retainer; including a discussion on limitations
  • The definition of a conflict, and how to identify a potential conflict
  • Guidance on what to do if a conflict arises; to include:
    - relevant Lawyers Conduct and Client Care Rules
    - use of waivers
    - what is informed consent
    - what are circumstances where you can’t act
  • Action to take once a complaint or claim has arisen:
    - have you done anything wrong; file review
    - notifying insurers; the test for when to notify and how
    - how to deal with the New Zealand Law Society; your obligations and timeframes
    - defending a civil claim
    - what duties do you have to client if they have made a complaint
  • Real life worked examples to illustrate the above topics.

Learning objectives

By attending this seminar you will gain:

  • Knowledge into how to better identify red flag issues in relation to client conflict of interest.
  • Greater insight into the claims and litigation process.

Who should attend

Property lawyers, general practitioners, commercial lawyers, commercial litigators, insurance lawyers.


A short paper, in PDF format, together with a copy of the PowerPoint presentation will be emailed out prior to the seminar.


  • 4.00pm - 6.00pm (tea and coffee available on arrival)

Fee (incl GST)

In Short

  • $125 - NZLS members and Associate members
  • $175 - Non-members
  • Live web stream group pricing available! Click here

Do you want to register more than one person for this course? Click here
Download registration form

Auckland 2 May
Live web stream 2 May


SImon Hamilton Photo WEB EDIT Simon Hamilton
Barrister, Southern Cross Chambers, Auckland

Simon is a barrister practicing in all areas of commercial and civil litigation. He has a particular skill in professional liability and discipline, and the law governing solicitor/client relationships. Simon has advised both insurers and professionals on the defence of a significant number of high value solicitor’s negligence claims and Law Society investigations. In that regard, he is well placed to provide the modern practitioner with practical, well thought out advice firstly on preventing Professional Indemnity claims from arising in the first place, and then on the defence and successful resolution of claims when things go wrong.

Harshad Shiba photo WEB EDIT Harshad Shiba
Lawyer and Director, Quantum Law Ltd, Auckland

Harshad is the principal of Quantum Law, a commercial and property practice. Acting predominantly for SMEs and their owners, he has a thriving general practice and often confronts potential conflict situations as many of the transactions which Harshad is asked to attend on have multiple, and often competing, interests. Accordingly, he has a wealth of useful advice on identifying and avoiding conflicts and managing client interests when they do arise.

Cancellation and refund policy

If written notice of cancellation of a registration arrives before the day of the seminar we will refund the registration fee, less an administration fee of $40. If you are unable to attend, you may send a substitute - to correctly assign CPD credit, CLE must be notified in advance. NZLS CLE Ltd reserves the right to cancel or reschedule seminars if necessary.

freephone (within NZ)
0800 333 111


04 472 7837

04 463 2986

DX SP 20202
PO Box 5041
Wellington 6140
New Zealand