Every solicitor owes their client undivided loyalty. An own-interest conflict is what happens when that loyalty is threatened by the solicitor's own interests — a financial stake, a personal relationship, a mistake, or a benefit under a will. The rule here is unusually strict: where such a conflict exists, or there is even a significant risk of one, you simply cannot act, and the client's consent cannot rescue the position. Knowing how to spot these situations early, and how to respond cleanly, is a core part of acting safely in everyday practice.
What this lesson covers:
- The Rule and Absolute Prohibition — what an own-interest conflict is, the risk threshold that triggers it, and why consent cannot cure it.
- Categories of Personal Interest — the main ways such conflicts arise: financial interests, personal and business relationships, and the position of in-house solicitors.
- Steps When a Conflict Arises — how to cease acting, protect the client, and hand over the file properly.
- Solicitor Errors — when your own mistake creates a conflict and the exact steps to take on discovering it.
- Gifts in Wills — when a gift to you or a connected person is a problem, who counts as connected, and what to advise the client to do.