Conflicts of Interest

Question 1

What are the seven SRA Principles?

Answer 1

You must act:

1. In a way that upholds the rule of law
2. In a way that upholds public trust and confidence in the profession
3. With independence
4. With honesty
5. With integrity
6. In a way that encourages equality, diversity and inclusion
7. In the best interests of each client

Question 2

Which Principles take precedence when there is a conflict?

Answer 2

The Principles which safeguard the wider public interest

Question 3

When does a conflict of interest arise under 6.2?

Answer 3

When your duty to act in the best interests of each client is compromised.
Or there is a risk of such conflict

Question 4

What are the exceptions allowing you to act in a conflict of interest?

Answer 4

6. 2(a) - the clients have a substantially common interest

6. 2(b) - the clients are competing for the same objective

Question 5

When can the duty of disclosure be breached?

Answer 5

• When statute requires it
• If a government body requests the information
• When you need the information to support a defence in a claim brought against you
• In cases involving children of the child is in danger

Question 6

What is the duty of disclosure?

Answer 6

A solicitor must disclose to a client all information which is material to the client’s matter of which the solicitor has personal knowledge
6.4

Question 7

When does an adverse interest arise?

Answer 7

When a new client has an interest which conflicts with another client (or former client) for whom the firm holds confidential information.

If an exception under 6.5(a) or 6.5(b) cannot be met, then you cannot act for the new client.