This article was written by Melinda Gao Principal Solicitor at W & G Lawyers.
Every time a client first approaches our firm, they are often “interrupted” by a series of questions: please present your identification, please confirm your details, please wait while we run a conflict-of-interest search. Some clients feel puzzled, or even a little annoyed, viewing this as bureaucratic red tape that slows down resolving their problem. But as practising lawyers, we want to say to every client in earnest: identity verification and conflict-of-interest checks are not only our legal obligation — they are the first line of defence protecting your own lawful rights and interests.
1. Real Cases: When Verification Is Missing, Disaster Follows
Case One: A Mistress Posing as the Wife Signs a “Post-Separation Property Division Agreement”
There was once a deeply regrettable case. A man’s “partner” went to a law firm, claiming to be his lawful wife, and asked the lawyer to help draft and sign a post-separation property division agreement. Because identity verification procedures were lax at the time, and electronic settlement had not yet been made mandatory, the agreement was duly signed. The man then took it to the registration authority and transferred the property — originally the couple’s joint marital asset — into his sole name. By the time the real wife discovered what had happened, the property had long since changed hands, and the road to reclaiming her rights was long and arduous.
Had the lawyer strictly verified the identity of the person who came to sign — comparing identity documents, confirming the marriage registration records, and verifying the party’s own genuine intent — this fraud could never have succeeded. A verification step that seemed superfluous could have prevented the breakup of a family and a substantial property loss for an innocent person.
Case Two: Impersonating the Opposing Party at an Initial Consultation to “Block” Them from Retaining Counsel
Another common malicious tactic is this: Party A, anticipating possible litigation against Party B, pre-emptively impersonates B (or arranges for someone else to do so) and visits the very lawyer B might otherwise have retained, holding a so-called “initial consultation” and deliberately handing over a large amount of case-related material and “inside information.”
Because once a lawyer accepts a consultation they owe that party a duty of confidentiality — and so form a potential conflict of interest with the “consulting party” — the firm can no longer accept instructions from the real B in the future. Without ever knowing it, the victim B has been quietly stripped of the right to choose an excellent lawyer.
For precisely this reason, before accepting any consultation a lawyer must first confirm the visitor’s true identity and run a conflict-of-interest search on the opposing party involved. Only then can the firm avoid being maliciously exploited, and prevent an innocent party from being “intercepted.”
2. From 1 July 2026: New AML Rules Bring Stricter Due Diligence
From 1 July 2026, the Anti-Money Laundering (AML) regime will apply in full across the legal profession. This means that, before accepting instructions, we will need clients to help us complete a more comprehensive questionnaire, covering (but not limited to):
- the client’s identity and background information;
- information on the actual controller and beneficial owner(s);
- the source and intended use of the funds involved; and
- the commercial rationale of the transaction.
This is not the lawyer “making things difficult” for the client; it is a mandatory legal requirement. Without completing these basic steps, we cannot formally confirm the retainer relationship, nor can we provide you with any legal advice on the specific matter. We ask for your understanding and active cooperation. The information you provide will be kept strictly confidential in accordance with the law.
3. This Is the Lawyer’s Duty — and, Above All, a Promise to You
As a highly specialised and tightly regulated profession, the legal profession carries a social responsibility that reaches far beyond the outcome of any single case. We are part of what the public relies on for justice — the voice of fairness in every individual dispute. To choose a lawyer is to choose professionalism, prudence, and trust.
Please be assured that:
- every verification we carry out is to confirm that the person sitting before us is genuinely you;
- every conflict-of-interest search we run is to ensure we can act for your side wholeheartedly and without reservation;
- every document we ask for will be strictly protected by the lawyer’s duty of professional confidentiality — communications between you and your lawyer are privileged communications, and nothing will be disclosed without your consent.
In Closing
A cumbersome beginning is in the service of a sound process and a reliable outcome. The next time you walk into a law firm and are asked to present identification, answer a questionnaire, or sign an acknowledgment, please understand it for what it is: your lawyer is telling you, in the most rigorous way possible, “I am ready to take responsibility for you.”
Thank you for your understanding and cooperation.
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Disclaimer
This article is general information only and does not constitute legal advice under Australian law. For advice specific to your situation, please contact W & G Lawyers. For further details, please click here to view our disclaimer.