Q&As

A spouse obtained initial advice in relation to divorce and financial matters from a firm of solicitors at their London office. A file was opened and they received a client care letter. They then decided not to instruct the firm to carry out any further work following the initial advice received. The other spouse subsequently instructed the same firm but at a different office to act for them. Is there a conflict of interest in this scenario?

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Published on LexisPSL on 11/03/2020

The following Family Q&A provides comprehensive and up to date legal information covering:

  • A spouse obtained initial advice in relation to divorce and financial matters from a firm of solicitors at their London office. A file was opened and they received a client care letter. They then decided not to instruct the firm to carry out any further work following the initial advice received. The other spouse subsequently instructed the same firm but at a different office to act for them. Is there a conflict of interest in this scenario?

Paragraph 6 of the SRA Code of Conduct for Firms 2019 deals with conflicts of interest, in conjunction with SRA guidance dated 29 October 2019.

Client conflict may exist where a solicitor’s separate duties to act in the best interests of two or more clients conflict (known as ‘conflict of interest’ in the SRA 2019 regulatory regime). See Practice Note: Conflicts of interest—family law, in particular section: Former clients.

In ZS v FS, a husband’s application for an injunction to debar the wife’s solicitor from representing her in divorce proceeding

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