Clark Boyce v Mouat - [1993] 3 NZLR 641

Law practitioners — Negligence — Duty of care — Solicitor acting for both parties — Nature of duty to each party in any potential conflict of interest situation — Party understanding consequences of acting in a particular way — Party content to have solicitor act for both parties — Whether solicitor under duty to insist on party having independent advice — Whether solicitor obliged to give advice beyond the area of instructions.

Tort — Negligence — Duty of care — Solicitor acting for both parties — Nature of duty to each party in any potential conflict of interest situation — Party understanding consequences of acting in a particular way — Party content to have solicitor act for both parties — Whether solicitor under duty to insist on party having independent advice — Whether solicitor obliged to give advice beyond the area of instructions.

Equity — Fiduciary relationship — Solicitor acting for both parties — Nature of solicitor's fiduciary duty — Nature of duty to each party in any potential conflict of interest situation — Party understanding consequences of acting in a particular way — Party content to have solicitor act for both parties — Whether solicitor under duty to insist on party having independent advice — Whether solicitor obliged to give advice beyond the area of instructions.