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Morning

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O(3.7) where there is a client conflict and the clients are competing for the same objective, you only act if:
(a)
you have explained the relevant issues and risks to the clients and you have a reasonable belief that they understand those issues and risks;
(b)
the clients have confirmed in writing that they want you to act, in the knowledge that you act, or may act, for one or more otherclients who are competing for the same objective;
(c)
there is no other client conflict in relation to that matter;
(d)
unless the clients specifically agree, no individual acts for, or is responsible for the supervision of work done for, more than one of the clients in that matter; and
(e)
you are satisfied that it is reasonable for you to act for all the clients and that the benefits to the clients of you doing so outweigh the risks.

IB(3.7) acting for clients who are the lender and borrower on the grant of a mortgage of land only where:
(a)
the mortgage is a standard mortgage (i.e. one provided in the normal course of the lender's activities, where a significant part of the lender's activities consists of lending and the mortgage is on standard terms) of property to be used as the borrower's private residence;
(b)
you are satisfied that it is reasonable and in the clients' best interests for you to act; and
(c)
the certificate of title required by the lender is in the form approved by the Society and the Council of Mortgage Lenders.

You must achieve these outcomes:
O(4.1)
you keep the affairs of clients confidential unless disclosure is required or permitted by law or the client consents;
O(4.2)
any individual who is advising a client makes that client aware of all information material to that retainer of which the individual has personal knowledge;
O(4.3)
you ensure that where your duty of confidentiality to one client comes into conflict with your duty of disclosure to another client, your duty of confidentiality takes precedence;
O(4.4)
you do not act for A in a matter where A has an interest adverse to B, and B is a client for whom you hold confidential information which is material to A in that matter, unless the confidential information can be protected by the use of safeguards, and:
(a)
you reasonably believe that A is aware of, and understands, the relevant issues and gives informed consent;
(b)
either:
(i)
In deciding whether to act in these limited circumstances, the overriding consideration will be the best interests of each of the clients concerned and, in particular, whether the benefits to the clients of you acting for all or both of the clients outweigh the risks.

What kind of society o we live in where we won’t allow change after prison reform

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