FAQ
Important: The FAQs below were written and published before the introduction of the SRA Handbook on 6 October 2011, and may refer to regulatory material that is no longer in effect. Although they may still be relevant, these FAQs have not yet been reviewed in light of the wide-ranging regulatory changes implemented on 6 October. They will be reviewed and updated (or archived) in due course.
Do I have a conflict of interests?
You will have a conflict of interests if either:
- You have more than one current client and you owe different duties to act in the best interests of those clients in the same or related matters (rule 3.01(2)(a)). For example if you would advise each client differently.
You will not have a conflict between a current client and a former client if you are no longer acting for the former client, although there may be issues in respect of confidentiality (rule 4.03). If you are in possession of confidential information about a former client which is material to a current client a conflict could arise between your duties of confidentiality and disclosure. See rules 4.01, 4.02 and 4.03;
Or
- If your interests conflict with those of the client (rule 3.01(2)(b)). For example you must not in your personal capacity loan money to a client without requiring the client to obtain independent financial advice.