2002RMIT Research Repository (RMIT University Library)Requires access

Conflicts of interest, conflicts of duty and the information professional

J. Glover

Open publisher page 3 citations

Abstract

'Professionals' who supply information services are particularly affected by the conflicts of interest wrong. Under fiduciary law, duties that professionals owe clients cannot be influenced or subverted by the professionals' personal interests, or duties that they owe to other clients. It is a strict code. Trust and confidence protected is vital to the functioning of business in a modern economy. At the same time, the rise of mega-firms and interdisciplinary practices and contemporary work practices of professionals are inconsistent with the 'fraud' which fiduciary law proscribes. Community expectations, the ethical rules of professional associations and differing judicial opinions in the Pilmer v Duke Group Ltd litigation are examined in this light. A taxonomy of the conflicts wrong is suggested. Rules prohibiting professionals' conflicts of interest and duty and conflicts of duty and duty are explained at length. Significant sub-rules are seen to be implied.

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What this paper is about

'Professionals' who supply information services are particularly affected by the conflicts of interest wrong. Under fiduciary law, duties that professionals owe clients cannot be influenced or subverted by the professionals' personal interests, or duties that they owe to other clients. It is a strict code. Trust and confidence protected is vital to the functioning of business in a modern economy. At the same time, the rise of mega-firms and interdisciplinary practices and contemporary work practices of professionals are inconsistent with the 'fraud' which fiduciary law proscribes. Community expectations, the ethical rules of professional associations and differing judicial opinions in the Pilmer v Duke Group Ltd litigation are examined in this light. A taxonomy of the conflicts wrong is suggested. Rules prohibiting professionals' conflicts of interest and duty and conflicts of duty and duty are explained at length. Significant sub-rules are seen to be implied.

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Available abstract

'Professionals' who supply information services are particularly affected by the conflicts of interest wrong. Under fiduciary law, duties that professionals owe clients cannot be influenced or subverted by the professionals' personal interests, or duties that they owe to other clients. It is a strict code. Trust and confidence protected is vital to the functioning of business in a modern economy. At the same time, the rise of mega-firms and interdisciplinary practices and contemporary work practices of professionals are inconsistent with the 'fraud' which fiduciary law proscribes. Community expectations, the ethical rules of professional associations and differing judicial opinions in the Pilmer v Duke Group Ltd litigation are examined in this light. A taxonomy of the conflicts wrong is suggested. Rules prohibiting professionals' conflicts of interest and duty and conflicts of duty and duty are explained at length. Significant sub-rules are seen to be implied.

Key concepts: Fiduciary, Duty, Conflict of interest, Project commissioning, Public relations, Business, Publishing, Law

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