It is important that we do not act for two clients where there is a risk of conflict or dispute between them (unless the parties agree to our acting for both), or where there is a conflict of interest between a member of the firm and a client or potential client.
In considering whether there is a conflict of interest, the following guidance points from the Code of Conduct in IPREG’s Code of Conduct must be taken into consideration:
1.5 You do not undertake work for a client where your duty to act in the best interests of that
client conflicts, or there is a significant risk it may conflict, with your own interest in respect
of that work or related work.
1.6 You do not act for two or more clients in relation to the same work or related work when
there is a significant risk that their interests are or will be in conflict.
1.7 You do not act for a client where your duty to act in their best interests will conflict with
your duty to keep another client’s affairs confidential unless there is no risk of such
disclosure or the other client in respect of whom you hold confidential information has given
informed consent.
1.8 You keep your client’s affairs confidential unless permitted by law or your client consents.
These should be discussed with the Managing Director if, before agreeing to act for a new client, or before taking on a new inter partes matter for an existing client, any doubt arises on any of these points. In either case, a Conflict check form should be completed and saved to the relevant file before work commences.
Last Updated on 3 January 2025 by Keith