Conflicts of interest—regulatory requirements 2011 [Archived]
Produced in partnership with RadcliffesLeBrasseur
Conflicts of interest—regulatory requirements 2011 [Archived]

The following Practice Compliance practice note produced in partnership with RadcliffesLeBrasseur provides comprehensive and up to date legal information covering:

  • Conflicts of interest—regulatory requirements 2011 [Archived]
  • Own interest conflict
  • Client conflicts
  • Other confidentiality issues
  • Systems and controls
  • Failure to comply

There are two types of conflict: own interest conflicts (sometimes called solicitor-client conflicts) and client conflicts. You can never act where there is an own interest conflict. You cannot act where there is a conflict between two or more clients unless:

  1. one of two specific exceptions applies, and

  2. additional safeguards are met

You may also encounter a situation where your duty of confidentiality to a former client conflicts with your duty of disclosure to a current client. These are dealt with separately in the SRA Handbook and are discussed briefly in this Practice Note.

The SRA does not:

  1. define what scenarios constitute a conflict of interest, or

  2. prescribe detailed rules for identifying and managing conflicts

Own interest conflict

An own interest conflict arises where:

  1. your duty to act in the best interests of a client (in relation to a matter) conflicts with your own interests in relation to that or a related matter, or

  2. there is a significant risk that your duty to act in the best interests of a client may conflict with your own interests in relation to their matter or a related matter

Own interest conflicts can take many forms and the SRA does not give examples. Own interest conflicts will need to be assessed on a case by case basis.

You can never act if there is an actual or significant risk of an own

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