Problems for Lawyers: Ethics
The SRA Code of Conduct:
The BSB Core Duties:
Conflicts of Interest:
If there is a conflict, or a significant risk of conflict between the interests of your clients, you can
only act in two exceptional circumstances:
o There is a substantially common interest between clients
o Clients are sophisticated legal services users who are competing for the same objective
Strict requirements apply to these exceptions, including:
o Written informed consent must be obtained
o The benefits to the clients of you continuing to act must outweigh the risks
If there is a conflict, or a significant risk of conflict between the interests of your clients and your
own interests, you cannot act.
Disclosure = should disclose to the client all information which you are aware is relevant to their matter.
Confidentiality = you must keep the affairs of your clients confidential.
The duty of CONFIDENTIALITY takes precedence over the duty of disclosure.
The SRA Code of Conduct:
The BSB Core Duties:
Conflicts of Interest:
If there is a conflict, or a significant risk of conflict between the interests of your clients, you can
only act in two exceptional circumstances:
o There is a substantially common interest between clients
o Clients are sophisticated legal services users who are competing for the same objective
Strict requirements apply to these exceptions, including:
o Written informed consent must be obtained
o The benefits to the clients of you continuing to act must outweigh the risks
If there is a conflict, or a significant risk of conflict between the interests of your clients and your
own interests, you cannot act.
Disclosure = should disclose to the client all information which you are aware is relevant to their matter.
Confidentiality = you must keep the affairs of your clients confidential.
The duty of CONFIDENTIALITY takes precedence over the duty of disclosure.
