Conflicts of interest—systems and controls 2011 [Archived]
Produced in partnership with RadcliffesLeBrasseur
Conflicts of interest—systems and controls 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—systems and controls 2011 [Archived]
  • Identifying and assessing conflicts
  • Register of interests
  • When and how to search for conflicts?
  • Conflict search in relation to the client
  • Conflict search in relation to the matter
  • How to search
  • Deciding whether to act
  • Getting client consent
  • Safeguarding confidential information
  • More...

There are two types of conflict: own interest (sometimes called solicitor-client conflicts) and client conflict. 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

The SRA does not give a list of scenarios that constitute a conflict. It is for you to decide whether a conflict exists.

This Practice Note describes systems and controls that you may wish to implement to identify and manage conflicts. For the wider regulatory requirements on conflicts of interest, see Practice Note: Conflicts of interest—regulatory requirements 2011 [Archived].

This Practice Note reflects the requirements of the SRA Handbook 2011. It has not been updated for the SRA Standards and Regulations, in force from 25 November 2019. See Practice Notes: Conflicts of interest 2019, Conflicts of interest—systems and controls 2019 and Conflicts of interest—SRA 2011 regime and SRA 2019 regime compared for more information on the revised requirements.

For specific guidance on:

  1. conflicts between your own interests and the interests of the client, see Own interest conflicts—when can you act? 2011 [Archived]

  2. general client conflicts, see General client conflicts—when can you act? 2011 [Archived]

  3. conflicts in relation to conveyancing, property transaction and mortgages, see Conveyancing client conflicts—when can you act?

  4. conflicts in relation to criminal matters, see Client

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