Who you can act for.
WHY IT MATTERS
Acting where a conflict exists breaches professional obligations and it produces claims.
WHAT A CONFLICT IS
A situation where your duty to one client is compromised by duty to another, or by your own interest.
WHAT FORMS IT TAKES
Acting for parties on opposing sides Acting against a former client on a related matter Acting where you hold confidential information relevant to another client Personal or financial interest in the outcome Acting for multiple parties in one transaction
WHAT TO ESTABLISH
A conflict check before accepting any engagement.
WHAT IT REQUIRES
A record of every client and matter, searchable A check against it before acceptance Recording of the result
WHY A RECORD
Conflicts cannot be identified from memory as a firm grows.
WHAT TO CHECK
Client names Related parties and opponents Beneficial owners, where relevant
WHAT TO DO WHEN A CONFLICT EXISTS
Decline, or address it per your professional rules.
WHAT SOME RULES PERMIT
Acting with informed consent, in defined circumstances.
WHAT THAT REQUIRES
Full disclosure, and consent in writing.
WHAT TO NEVER DO
Proceed on the assumption that it will not matter.
WHY
It matters when the interests actually diverge, which is when the consequences are worst.
WHAT TO ESTABLISH ABOUT CONFIDENTIAL INFORMATION
That it is not shared across matters.
WHAT TO RECORD
Every conflict check and its outcome.
WHAT TO REVIEW
Conflicts arising mid-engagement, which occur.
