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Professional Conduct In Civlit Notes

LPC Law Notes > Civil Ligitation Notes

This is an extract of our Professional Conduct In Civlit document, which we sell as part of our Civil Ligitation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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CONDUCT IN CIVLIT
Situation

You hold confidential information about A which is material to B who has an interest adverse to A

You are instructed by a party A to act in a case against a previous client B

Instructed by two partners in a firm which has been sued for damages for fraudulent misrepresentation.
However, the allegation is that only one of the partners made the misrepresentation
A solicitor receives instructions from someone other than the client, or by only one client on behalf of others in a joint matter

Principl e

4 4

Outcomes

Indicative Behaviours

TAKING INSTRUCTIONS

4.1 - a solicitor is under a duty to maintain the confidentiality of his

4.5 - Not acting for A where B is clients affairs unless the client's prior a client for whom you hold authority is obtained to disclose confidential information which is material to A unless the particular information, or exceptionally the solicitor is required confidential information can be or permitted by law to do so. This protected duty continues after the retainer.

3.5 - A solicitor generally should not act for two or more clients where this would cause a conflict of interests.

4.1 - a solicitor is under a duty to maintain the confidentiality of his

3.2 - Declining to act for clients clients affairs unless the client's prior whose interests are in direct authority is obtained to disclose conflict particular information, or exceptionally the solicitor is required or permitted by law to do so. This duty continues after the retainer.

Actions


4 3.5 - A solicitor generally should not act for two or more clients where this would cause a conflict of interests.

3.2 - decline to act for clients whose interests are in direct conflict

4, 5

1.12 - clients are in a position to make informed decisions about the services they need, how their matter will be handled and the options available to them

1.25 - do not act for a client when instructions are given by someone else, or by only one client when you act jointly for others

Should not risk breaching confidentiality by acting or continuing to act.
Before the first interview, you should check that you do not have confidential information in respect of client A which you would be under a duty to disclose to the proposed new client B.
If the firm had already received instructions from B to act in this matter, there would be a conflict of interest, and you could not act for A.
If the firm had acted for B in the past the firm might still risk breaching the duty of confidentiality and any confidential information held in respect of B must be evaluated.
If any of the information might reasonably be expected to be material to A, the firm should not act for A.
Conflict of Interests - solicitor owes separate duties to act in the best interests of two or more clients in relation to the same or related matters, and those duties conflict or there is a significant risk that those duties may conflict.
The potential conflict arises because there is a significant risk that the innocent partner may have a claim against the guilty partner for the same matter, namely if the fraudulent misrepresentation is established.
The solicitor should not proceed without checking that all clients agree with the instructions given.
Unless you are satisfied that the person providing the instructions has the authority to do so on behalf of the client(s).

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