Conflicts of interest, confidentiality and disclosure 2019—in-house lawyers
Conflicts of interest, confidentiality and disclosure 2019—in-house lawyers

The following Risk & Compliance guidance note provides comprehensive and up to date legal information covering:

  • Conflicts of interest, confidentiality and disclosure 2019—in-house lawyers
  • Conflicts of interest
  • Confidentiality and disclosure
  • Systems and controls

The SRA Code of Conduct for Solicitors, RELs and RFLs (Code for Solicitors) forms part of the SRA Standards and Regulations, in force from 25 November 2019.

The Code for Solicitors applies to all solicitors, Registered European Lawyers (RELs) and Registered Foreign Lawyers (RFLs), wherever they are practising, including those practising in-house. All references in this Practice Note to in-house solicitors includes RELs and RFLs working in-house. The Code for Solicitors includes provisions on:

  1. conflicts of interest

  2. the duty of confidentiality

  3. the duty of disclosure

While all three of these are distinct compliance areas, they are often intertwined.

This Practice Note sets out the Solicitors Regulation Authority (SRA) regulatory requirements relating to conflicts of interest, confidentiality and disclosure applying to in-house solicitors. It provides guidance on how the requirements apply to in-house practice and suggestions for how to manage issues that might arise.

For further guidance on the SRA Standards and Regulations and the Code for Solicitors, see Practice Notes:

  1. SRA Standards and Regulations 2019—in-house lawyers

  2. SRA Code of Conduct for Solicitors, RELs and RFLs—in-house lawyers

Conflicts of interest

Conflicts of interest can cause difficult and serious problems. It is vital to:

  1. know how to identify a conflict of interest

  2. know whether you can act or continue to act on the matter in question

  3. understand the safeguards that may be needed to manage the