ABSTRACT

In the previous chapter, we saw how Wentworth dealt with a problem that could be characterised as an ethical problem. It was a conflict, or potential conflict, of interest between two clients, McKenzie Jr being Wentworth's actual client and McKenzie Sr his de facto client. It can be argued that the conflict of interest between these two clients led not only to an ethical lapse, but also a functional failure. It caused Wentworth to do a less than satisfactory job for McKenzie Jr and it led to poor quality advocacy. But, conflict of interest is just one of many ethical problems that litigation lawyers confront in their day to day practice. In this final chapter, we focus on another ethical problem that litigation lawyers face and which also affects the quality of their advocacy: the conflict between the lawyer's duty to the client and duty to the court. The way lawyers deal with this conflict influences not only their ethical standards, but also their practical effectiveness as advocates.