Conflict of Interest Flashcards
What is informed consent
Permission from your client to proceed with the instruction despite there being a conflict of interest
Name the 3 types of conflict
Personal Conflict:
You personally may hold the same interest as that of the client.
Party conflict:
Working for two parties on the same or related professional assignment
Confidential Information Conflict:
Situation where the confidential information of a client may or could be used in work undertaken for another client
What methods may be used to prevent a conflict of interest within a company
Information barriers
Informed consent
Does a success based fee lead to a conflict of interest
Yes this can be interpreted as a conflict of interest as it can influence the actions of a surveyor
Does informed consent mean that you can proceed with an instruction
No, a valuer must decide:
- Is proceeding legal
- Will the conflict impact their decision making
- Is the client fully aware of the conflict and its implications
Why can you act in a dual role at lower Tribunals
To ensure access to justice at a low cost for clients