When a new client comes to Stephensons with the intention of instructing us to help them pursue a claim for personal injuries, we have to carry out a conflict check on both the potential client and their opponent, whether it is a company or individual, that the client is looking to claim against.
Under the Solicitors Regulation Authority’s (SRA) Code of Conduct for Solicitors Code of Conduct for Solicitors, registered European lawyers (RELs) and registered foreign lawyers (RFLs)and the SRA Code of Conduct for Firms, we cannot act for a client if there is a conflict of interest, or significant risk of a conflict. This is where a solicitor’s duty to act in the best interests of two or more different clients may conflict.
A conflict check is an important mandatory process used by solicitors to identify any potential conflicts of interest before they accept a new client. This involves searching the records they hold electronically, which can be current clients or former clients and parties to ensure that there is no conflict of interest. The check ensures that the lawyer or firm acting for the client is not placed in a position where its loyalty to one client could be compromised by representation of another client.
If you have been told that your solicitor representing you has a conflict of interest, this means that they cannot act for you in your claim. This usually happens at the beginning of the claim, or in some cases, a conflict can arise during the lifetime of a claim. For example, when a driver and a passenger who have been injured in a road traffic accident both seek to claim, but then liability is disputed and the driver of our client’s vehicle becomes the defendant, the solicitor would be unable to continue acting for both the driver and the passenger, as this would be a conflict of interest. When new Defendants are brought into the claim a further conflict check has to be undertaken to make sure that we have not acted for them in any capacity previously. Further, if we have acted for a potential Defendant in the past, then it wouldn’t be appropriate for us to act for someone looking to bring a claim against them.
If a conflict arises, we will advise you that you would need to contact an alternative solicitor for advice in order to pursue your claim. We may offer to transfer your file to another firm for you, but you do have freedom of choice as to whether to use that firm or find a different firm you would want to instruct to represent you. If you find yourself in this situation, contact our new business advisors on 0161 696 6235 who will be able to take details of your enquiry, and advise you further.
Blog author: Stephanie Greenhalgh
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