SRA Update
Conflict and confidentiality – changes proposed
SRA Update Issue 7 – January 2009
The SRA is consulting on proposed changes to rule 3 (conflicts of interest) and rule 4 (duties of confidentiality and disclosure) of the Solicitors' Code of Conduct 2007.
The proposal in relation to rule 3 would extend significantly, in relation to sophisticated clients, the circumstances in which a firm could act with client consent where there is a conflict of interests. The proposal would, for example, allow separate teams within a firm, with the use of information barriers, to act for different parties in a negotiation.
In relation to rule 4, the proposal is to extend the circumstances in which an information barrier can be used to allow a firm to accept new instructions without the consent of the client whose information is being protected. Again, this proposal is designed to apply to sophisticated clients.
The closing date for consultation responses is 31 March 2009.
Participate in the consultation or find out more