Solicitors are regularly asked to act for more than one client in the same deal or matter — buyer and lender, co-purchasers, business partners, rival bidders. Most of the time this is fine, but where the duties you owe to one client clash with those you owe to another, the rules are strict and the consequences of getting it wrong are serious. Knowing where the line falls, and what to do when it's crossed, is a core part of acting safely and protecting both your clients and yourself.
This lesson walks you through the whole picture, step by step:
- The Prohibition — what a client conflict is, and the default rule that you must not act.
- Assessing for Conflicts — when and how to check for conflicts, before and during a retainer.
- The Exceptions — the two narrow situations where you may still act for both.
- The Three Cumulative Conditions — the consent, safeguards and reasonableness tests you must satisfy before relying on an exception.
- Confidentiality and Mid-Retainer Conflicts — handling confidential information and conflicts that emerge after you've started acting.
By the end you'll be able to recognise a conflict, decide whether you can act, and know exactly when you have to step away.