Solicitors are regularly asked to act for more than one client on the same matter — a couple making wills, a borrower and lender on a mortgage, parties to a transaction who want one firm to handle it all. It can be efficient and cost-effective, but it carries real risk: your duties to one client can collide with your duties to another. Knowing when you can act, when you must refuse, and when you have to walk away is a core part of everyday practice and protects both your clients and your firm.
What this lesson covers:
- Conflicts of Interest and the SRA Framework — what a conflict is, the distinction between client-to-client and own-interest conflicts, and why the duty is firm-wide and continuing.
- Absolute Bars and the Two Exceptions — the two situations where no consent can rescue you, and the two narrow exceptions that may let you act.
- The Three Mandatory Conditions — informed written consent, effective information barriers, and acting reasonably in all the circumstances.
- Common Scenarios: Wills and Conveyancing — how the rules play out for mutual wills and standard residential mortgages, and what happens when agreement breaks down.
- Withdrawal and Acting for One Party — how to decline, refer out, or continue for one client without breaching confidentiality.