Alfred has been instructed to settle a property dispute between his client Greg and Greg’s neighbour Fatima. Greg is a pensioner who has been arguing with Fatima over their respective contributions to repairing the blocked drain which runs under both of their properties. The blockage is not affecting Fatima much, so she is reluctant to pay to have it rectified. Alfred attends a settlement negotiation at Fatima’s lawyer’s office in the CBD. Once discussions get underway, Alfred realises that Fatima’s solicitor (and apparently Fatima herself) is unaware of the fact that Greg’s beloved Leyland cypress tree has caused most of the damage to the shared drain. In fact the opposing solicitor begins her proposal: ‘Since the cause of the damage to the drain is unknown…,’ during which Alfred merely nods. Accordingly, a 50/50 split in the relevant payment for repairs is agreed, and a binding financial agreement is signed. Alfred initially considers this to be fair enough, since Greg is living on the age pension, whereas Fatima earns a good income as an advertising executive. However, it has been weighing on his mind that he hid a relevant matter during the settlement, and he decides to consult you, as an independent ethics expert, on the possible ethical implications. a) Advise Alfred on his obligations with respect to settlement negotiations, and whether he might have breached any of them. Refer to the Uniform Law, as well as any other relevant legislation or rules and case law where applicable.
Alfred has been instructed to settle a property dispute between his client Greg and Greg’s neighbour Fatima. Greg is a pensioner who has been arguing with Fatima over their respective contributions to repairing the blocked drain which runs under both of their properties. The blockage is not affecting Fatima much, so she is reluctant to pay to have it rectified. Alfred attends a settlement negotiation at Fatima’s lawyer’s office in the CBD. Once discussions get underway, Alfred realises that Fatima’s solicitor (and apparently Fatima herself) is unaware of the fact that Greg’s beloved Leyland cypress tree has caused most of the damage to the shared drain. In fact the opposing solicitor begins her proposal: ‘Since the cause of the damage to the drain is unknown…,’ during which Alfred merely nods. Accordingly, a 50/50 split in the relevant payment for repairs is agreed, and a binding financial agreement is signed. Alfred initially considers this to be fair enough, since Greg is living on the age pension, whereas Fatima earns a good income as an advertising executive. However, it has been weighing on his mind that he hid a relevant matter during the settlement, and he decides to consult you, as an independent ethics expert, on the possible ethical implications. a) Advise Alfred on his obligations with respect to settlement negotiations, and whether he might have breached any of them. Refer to the Uniform Law, as well as any other relevant legislation or rules and case law where applicable.
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