Conflicts of interest sit at the heart of a solicitor's professional duties. Every time you take on a new matter, you have to ask whether your firm's interests, or another client's interests, pull against the client in front of you. Some conflicts mean you simply cannot act. Others can be managed — but only in tightly defined circumstances and with the right protections in place. Knowing the difference, and acting on it correctly, protects your clients, your firm, and your own position.
This lesson walks you through the framework step by step:
- Types of Conflict and the Exceptions — the two kinds of conflict, why one is absolutely prohibited, and the only two gateways out of the other.
- The Three Conditions — the cumulative requirements of informed written consent, effective safeguards, and acting reasonably.
- Substantially Common Interest and Competing for the Same Objective — what each exception means and when it genuinely applies.
- Safeguards and Continuing Obligations — building effective information barriers and the duty to keep assessing the position throughout the retainer.
- Limited Retainers and Conveyancing Contexts — narrowing scope to avoid conflicts, and how the rules play out for buyer, seller, borrower, and lender.