The following Practice Compliance practice note produced in partnership with RadcliffesLeBrasseur provides comprehensive and up to date legal information covering:
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:
one of two specific exceptions applies, and
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:
define what scenarios constitute a conflict of interest, or
prescribe detailed rules for identifying and managing conflicts
An own interest conflict arises where:
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
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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