Conflicts of interest

Question 1

Can a solicitor ever act if he has an “own interest conflict”?

Answer 1

No

Question 2

When can a solicitor act if there’s a conflict of interest/significant risk of it between clients?

Answer 2

1. clients have a substantially common interest in relation to the matter (same, clear purpose), or
2. clients are competing for substantially the same objective (they’re in direct conflict, aiming for the same thing)

Question 3

Can a conflict of interest arise between a past client?

Answer 3

No
Conflict of interest only applies to current clients

Question 4

Conditions that must be met for solicitor to act under an exception to the conflict of interest rule:

Answer 4

• all clients gave informed consent in writing,
• safeguards are created to protect confidential information (if appropriate)
• solicitor satisfied it’s reasonable to act for both clients (eg. clients have same bargaining power)