Conference Proceedings
Ethics, Liability and the Technical Expert, Sydney, December 1995
Conference Proceedings
Ethics, Liability and the Technical Expert, Sydney, December 1995
Managing the Risk of Professional Liability
This paper sets out a number of means by which
professionals can reduce or eliminate the risk of
professional liability whether as directors, employees,
partners, independent consultants or contractors. A relationship between client and professional is
commonly cited as an example of a fiduciary
relationship: the professional "undertakes or agrees to
act for or on behalf of or in the interests of' the client "in
the exercise of a power or discretion which will affect
the interests of that other person in a legal or practical
sense."2 As a fiduciary, a professional must ensure that his or
her exercise of power does not result in a position of
ascendancy or undue influence over the client. Also, a
professional must avoid situations where there is scope
for even the perception of potential conflict between his
or her professional duty to the client and his or her own
Interest.
professionals can reduce or eliminate the risk of
professional liability whether as directors, employees,
partners, independent consultants or contractors. A relationship between client and professional is
commonly cited as an example of a fiduciary
relationship: the professional "undertakes or agrees to
act for or on behalf of or in the interests of' the client "in
the exercise of a power or discretion which will affect
the interests of that other person in a legal or practical
sense."2 As a fiduciary, a professional must ensure that his or
her exercise of power does not result in a position of
ascendancy or undue influence over the client. Also, a
professional must avoid situations where there is scope
for even the perception of potential conflict between his
or her professional duty to the client and his or her own
Interest.
Contributor(s):
P Rose
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- Published: 1995
- PDF Size: 0.095 Mb.
- Unique ID: P199510005