Conflicts of Interest
Conflicts of Interests are situations that firms of solicitors have to ensure as far as possible, do not arise. Existing and even future, potential clients need peace of mind and reassurance that no other matter taken on/ being dealt with by the Firm will have any negative impact upon their matter in hand.
We therefore operate a comprehensive regime to ensure, insofar as possible, any potential conflicts of interest are identified and resolved at the earliest opportunity. This involves both a database search of existing clients, current matters and other relevant information held by the firm, and where appropriate, a targeted enquiry.
We are also sensitive to situations which, although in legal terms, may not create a conflict of interest, are seen by clients to be a "commercial" conflict and we are willing to discuss with clients any particular concerns in this respect.
Conflicts of Interest Concerns
We have to have procedures in place to ensure as far as possible that conflict situations do not arise.
We are NOT able to act in any matter where a conflict of interest or a significant risk of a conflict of interest has been identified (except in very limited circumstances).
Conflicts of interest can take two forms:
- A conflict between the solicitor and the client
- A conflict between 2 or more clients
EXAMPLES OF A SOLICITOR/CLIENT CONFLICT
- A solicitor using his/her professional position in order to gain benefit
- When circumstances prevent the solicitor from acting in the client’s best interests
EXAMPLES OF A CLIENT/CLIENT CONFLICT
- Acting for both a husband and wife in divorce proceedings
- acting for both Claimant and Defendant in litigation
- acting for buyer and seller of a property
- acting for two clients trying to collect a debt from the same debtor
We will endeavour to check for any or any potential conflict of interest situation before taking on any new matter. We will check whether by taking on your matter, it will adversely affect any existing or previously held clients. We will also assess whether there is any reason why we will not be able to act for you to our fullest potential and in your best interests as a client.
If any problem or potential problem is identified during this initial assessment, we may not be able to take on your matter and act on your behalf.
If this situation does arise, we will explain this to you in detail and refer you if we are able, to an alternative Firm of solicitors who will be able to assist you further with your matter