Client conflict Definition

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GLOSSARY

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What does Client conflict mean?

In conduct, this arises if an individual is acting for two or more clients in the same or related matter, and cannot act in the best interests of each client.

The individual must exercise judgement as to whether anything fetters their ability to act in the best interests of each client. Client consent to acting does not override the judgement and the individual must not act for both clients except in very limited exceptions described in the Solicitors Regulation Authority Code of Conduct.

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Client conflicts in criminal matters—when can you act?

There are two types of conflict: own interest conflicts and client conflicts of interest. This Practice Note explains when you can act if there is or may be a conflict of interests between two or more clients in a criminal matter. For the wider regulatory requirements on conflicts of interests, see Practice Notes: Conflicts of interest—law firms and solicitors and Conflicts of interest—systems and controls.What is a client conflict of interest?A client conflict of interest arises where your separate duties to act in the best interests of two or more clients conflict in relation to the same matter or a related matter. The SRA simply calls this type of conflict a ‘conflict of interest’.You must not act in relation to a matter or particular aspect of it if you have a client conflict of interest or a significant risk of such a conflict in relation to that matter or aspect of it, unless you fall within one of two exceptions and meet certain specific conditions.Conflicts in criminal matters are most...

Client conflicts in conveyancing or property matters—when can you act?

There are two types of conflict: own interest conflicts (sometimes called solicitor-client conflicts) and client conflicts of interest. This Practice Note explains when you can act if there is or may be a client conflict of interests between two or more clients in a conveyancing or property matter. It reflects the requirements of the SRA Standards and Regulations. For the wider regulatory requirements on conflicts of interest, see Practice Notes: Conflicts of interest—law firms and solicitors and Conflicts of interest—systems and controls.What is a client conflict of interest?A client conflict of interest arises where your separate duties to act in the best interests of two or more clients conflict in relation to the same matter or a related matter. The SRA simply calls this type of conflict a ‘conflict of interest’.You must not act in relation to a matter or particular aspect of it if you have a client conflict of interest or a significant risk of such a conflict in relation to that matter or aspect of it, unless...

Discover our 1 Practice Notes on Client conflict

Conflicts and confidentiality decision tree—can I act?

Conflicts and confidentiality decision tree—can I act? This conflicts and confidentiality decision tree works through the conflicts and confidentiality requirements in the SRA Standards and Regulations to help you reach a decision on whether we can act in a particular matter and understand what steps you need to follow in order to accept instructions. It covers the SRA’s regulatory requirements regarding confidential information belonging to current or former clients. It does not address confidentiality obligations to non-clients, eg under a confidentiality agreement with a third party. For more information about conflicts of interest and confidentiality, please refer to our Conflicts, confidentiality and disclosure policy. Click below to view or print the full-size PDF version: Note 1—prohibition on acting in an own interest conflict situation An own interest conflict arises where there is a conflict (or a significant risk of a conflict) between: • the personal or commercial interests of the firm or a member of our staff; and • our duty to act...

Letter to client—competing for the same objective

Letter to client—competing for the same objective Thank you for your instructions to act on [insert description of matter]. We have written to you separately with a [client care OR engagement] letter and our terms of business. The purpose of this letter is to explain our professional obligations in relation to conflicts of interest and confidentiality and to ensure we have your informed consent before proceeding to act. Professional obligations We are authorised and regulated by the Solicitors Regulation Authority (SRA). As part of our professional obligations, we are unable to act if there is a conflict (or a significant risk of conflict) between our separate duties to act in the best interests of two or more clients in the same or a related matter—unless one of two limited exceptions applies. These exceptions apply where our clients: • have a substantially common interest in relation to the matter or particular aspect of it, or • are competing for the same objective Is there an actual or...

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