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With clients

A good indication that your professional boundaries have been compromised is if you find it difficult to provide independent, objective and dispassionate advice to your client, or you experience internal or external pressure to act in a way that conflicts with your independent judgement or other professional duties.

This section contains some useful questions to ask yourself if you’re not sure (but are concerned) that your professional boundaries with a client have been compromised or are at risk.

• Could my relationship with my client be affecting my independent judgement or the quality of the advice, services or representation I am providing?
• Is my relationship with my client affecting the way I receive money from them (into my trust account)?
• Would I give the same advice, services or representation to another client with whom I have no pre-existing or personal relationship, or upon whose business my firm does not rely?
• Would my social or family life be affected by a dispute between me and my client?
• Do I feel manipulated or controlled by my client? 
• Do I feel pressure to provide particular advice, services or representation to my client because of my own (or my firm’s) relationship with them?
• Do I feel more invested in the outcome of my client’s case than I would with another client? 
• If required, would I feel comfortable disclosing to the court the full extent of my relationship or dealings with my client?
• Would a fair-minded, reasonably informed member of the public consider my actions appropriate in the interests of justice?
• What advice would I give a colleague who was questioning their professional boundaries with their client in similar circumstances? 
• How would I feel if opposing counsel was acting in the same way as I am?
• Does my client have information about my personal situation and could this impede my ability to provide independent advice?  

With other parties

To determine whether your relationships with other parties may be compromising your professional judgement or ability to serve your client’s best interests, you might ask yourself the following questions: 

• Is my relationship with this party affecting the service I’m providing my client?
• Would I deal with someone with whom I have no relationship in the same way?
• Do I feel internal or external pressure to act against my client’s best interests because of this relationship? 
• Would a fair-minded, reasonably informed member of the public consider my actions appropriate?
• What advice would I give a colleague who was questioning their professional boundaries with another party in similar circumstances? 
• How would I feel if my client or the court knew the full extent of my relationship and dealings with this party?
• Could my relationship be perceived by the parties to the matter, the public or the court as giving rise to a conflict of interest?