Conflicts of interest and perceived conflicts of interest as barriers to legal assistance | Article

Key Finding 7

A conflict of interest arises within the legal profession when a lawyer’s personal or professional interests may impede their ability to serve their client’s best interests. Such conflicts can occur when a lawyer or a legal firm represents two or more parties whose interests are antagonistic to each other. Legal professionals are bound by ethical rules, including a duty of loyalty to their clients, which mandates that they avoid such situations.

In the context of community legal centres in Western Australia, these conflicts of interest present a significant barrier to people with disabilities accessing legal assistance. As community legal centres often serve multiple clients within the same community, there is a potential for the representation of one client to conflict with the interests of another, especially in smaller communities or within the disability sector where intersections of interests may be more frequent. The potential for such conflicts, whether actual or perceived, can lead to legal centres refusing service to avoid ethical breaches, thereby hindering access to legal help for those most in need.

Moreover, perceptions of conflicts of interest can dissuade individuals from seeking legal assistance. People with disabilities, particularly, may already feel marginalised or overlooked within societal systems, including the legal system. Perceived conflicts of interest might amplify their distrust, discouraging them from seeking legal support entirely.

In addressing this issue, developing tailored referral pathways for people with disability to community legal services is paramount. Community legal centres are often the most accessible point of legal contact for many individuals, particularly those with disability. By creating disability-specific referral pathways, it becomes possible to identify potential community legal centres quickly, without the potential client having to repeat their story multiple times just to find that they cannot receive help because of a conflict of interest. By quickly sorting and identifying potential legal help and then supporting those centres with relevant information needed to conduct conflict checks, the centres can quickly respond and therefor the person in need of help is able to find a centre quicker and with less barriers than if they needed to find and contact centres on their own.

These tailored pathways could work by linking individuals with disabilities directly to legal professionals with relevant specialisations or experience. This targeted approach can also support community legal centres by giving them just enough specific and relevant information needed in a consistent format that centre employees become familiar and comfortable with.

To add, these referral pathways must be designed in a way that takes into account the diverse needs of people with disabilities. This includes considering factors such as communication accessibility, physical accessibility, and the capacity for legal professionals to provide disability-inclusive services.

Addressing conflicts of interest in community legal centres and the impact on individuals with disability isn’t just about ensuring equitable access to legal services. It’s about building a more inclusive legal system where everyone, regardless of their ability, can receive the support they need to navigate the legal complexities they may face. The establishment of disability-specific referral pathways is a pivotal step in the ongoing journey towards achieving this goal.

Further Reading | Conflicts of interest and perceived conflicts of interest as barriers to legal assistance

(1) Conflict of Interest Guidelines – Law Society Western Australia

https://www.lawsocietywa.asn.au/wp-content/uploads/2015/10/Conflict-of-Interest-Guidelines.pdf#:~:text=The%20purpose%20of%20these%20guidelines%20is%20to%20explain,of%20the%20Associations%20Incorporation%20Act%202015%20%28WA%29%20%28Act%29

(2) Conflicts of Interests – Western Australian Government. https://www.wa.gov.au/system/files/2020-05/Conflicts%20of%20interest%20-%20Guidelines%20for%20the%20WA%20public%20sector.pdf.