My Solicitor has told me there is a conflict of interest, what happens next?

The solicitors within Thatcher + Hallam LLP are independently regulated by the Solicitors Regulation Authority (SRA) and are duty bound to adhere to the rules set out within the SRA code of conduct.

Under these rules, a solicitor has a duty to act in the best interest of his client and therefore cannot act for two or more separate clients where their best interests’ conflict, this is referred to as a conflict of interest.

When a new litigation claim is brought to Thatcher + Hallam, for example, personal injury claim, residential dispute or marital dispute etc, we first conduct a conflict check on the client and their opponent.

If this check reveals that undertaking new litigation work would compromise the established relationship we have with an existing client we are required to inform the new client that there is a conflict of interest and that we cannot act on their behalf.

This does not mean that you do not have a claim or are not entitled to legal advice from an alternate source, simply that we cannot be the ones to undertake this work on your behalf.

In a personal injury context, conflicts of interest are most common where there are passengers and a driver injured in a road traffic accident. It may be that the claim can begin with one solicitor advising all passengers of the vehicle. However, if later on a liability dispute against the driver is brought, then the solicitor would be unable to act for both the driver and passenger as their interests now conflict.

It is important to remember that when a solicitor advises you of a conflict of interest this is not a personal decision but one which the solicitor is duty bound to inform you of. Further, in doing so the solicitor has given the best advice they can at that time as conducting a claim whilst there is a conflict of interest would only serve to complicate proceedings and hinder effective advice.
If you are advised by another firm that there is a conflict of interest, please contact our enquiries department on enquiries@th-law.co.uk and one of our specialist advisors will get back to you to discuss.