2023년 2월 22일 수요일

Can you act for new clients who have an interest adverse to previous clients under SRA rules?

Under SRA rules, solicitors have an obligation to avoid conflicts of interest, which includes situations where they may be acting for clients with competing or adverse interests. This means that, in general, a solicitor cannot act for a new client if they have previously acted for a client with an adverse interest in the matter. However, there are certain circumstances where a solicitor may be able to act for a new client despite a potential conflict of interest. For example, if the matter is unrelated to the previous matter, and there is no risk of the solicitor disclosing confidential information obtained from the previous client. In some cases, it may be possible to obtain informed consent from both the previous client and the new client, allowing the solicitor to act despite the potential conflict of interest. However, this is only appropriate in limited circumstances and will depend on the specific facts of the case. Ultimately, the obligation to avoid conflicts of interest is an important ethical consideration for solicitors, and they should always act with integrity and in the best interests of their clients. If in doubt, a solicitor should seek advice from their regulatory body, such as the SRA.

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