Curious what a conflict is for solicitor?

poopoopooinyourshoe · 2023-01-19T13:36:15+00:00

Recently enquired at a solicitor, on conflict check they said they cannot continue, fine, but just curious what could it be? What are the possibilities? I've never used them nor the person I was involved with to my knowledge.... What are the possible reasons? I couldn't find anything online and I am curious.

Idgaff · 19/01/2023 13:42

Usually it means they are, or have previously acted for another party connected with the transaction. Under conflict of interest rules a solicitor generally cannot advise more than one party to a transaction.

SavoirFlair · 19/01/2023 13:45

Hard to say @poopoopooinyourshoe unless you say the nature of why you’re engaging with the solicitor. I can’t see that as “outing”.

Chickenly · 19/01/2023 13:45

Without more detail about the situation, no one can give you any specific insight. A conflict is exactly what it sounds like. Maybe they previously represented the person on the other side of your issue? Maybe the lawyer’s family member is the person on the other side? Maybe they have a personal reason why they have a conflict? Unfortunately, if you ask vague questions then you’ll only get vague answers.

Ciri · 19/01/2023 13:46

Generally someone in the firm acts for the other side (either on this exact matter or on another matter)

Hoardasurass · 19/01/2023 13:47

It could be something as simple as a personal or family relationship with someone involved in the case.

Original poster

poopoopooinyourshoe · 19/01/2023 13:55

Ciri · 19/01/2023 13:46

Generally someone in the firm acts for the other side (either on this exact matter or on another matter)

This is why I find it strange as to my knowledge the person on the other side has never engaged a solicitor ever before in their life, I am actually almost 100% confident they have not. So it must be something else? (I know who their current solicitor is and it's not them)

Maybe their family member engaged them previously, could that be it?

OP posts:

Justcallmebebes · 19/01/2023 13:56

Usually because we act or have acted for the other side. There are exceptions, i.e. we're representing a client for whom the defendant is an old client of another department but as it was over 20 years ago and the fee earner who dealt with it is no longer with us, we accepted the claim.

Original poster

poopoopooinyourshoe · 19/01/2023 13:57

Justcallmebebes · 19/01/2023 13:56

Usually because we act or have acted for the other side. There are exceptions, i.e. we're representing a client for whom the defendant is an old client of another department but as it was over 20 years ago and the fee earner who dealt with it is no longer with us, we accepted the claim.

This is so very strange as I am sure the person who is the other side has never before used a solicitor in their entire life.

they did have employment issues and used a union member, could it be around that maybe?

OP posts:

Justcallmebebes · 19/01/2023 13:59

poopoopooinyourshoe · 19/01/2023 13:55

This is why I find it strange as to my knowledge the person on the other side has never engaged a solicitor ever before in their life, I am actually almost 100% confident they have not. So it must be something else? (I know who their current solicitor is and it's not them)

Maybe their family member engaged them previously, could that be it?

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It could be or they work for a company who is a lucrative client? You can always ask them. If we're asked we will tell you why we can't act

It could also be personal reasons, i.e. a friend of the potential defendant or family member or they just don't want to take your case and are using a conflict as an excuse. Ask them

fitzwilliamdarcy · 19/01/2023 14:00

Conflict rules are essentially there to ensure that a solicitor can act in his or her client’s best interests, not another party’s. Something is preventing, or could prevent, the solicitor acting in your best interests. Could be a connection to someone on the other side, or another solicitor in the firm is acting for someone in the other side’s family.

Does it matter? It’s just a bit weird that you’re thinking about this to the extent of arguing with posters about how much you do or don’t know about the other side. Many people get legal advice and tell nobody else, you can never be certain.

BobbidyBibbidyBob · 19/01/2023 14:02

poopoopooinyourshoe · 19/01/2023 13:57

This is so very strange as I am sure the person who is the other side has never before used a solicitor in their entire life.

they did have employment issues and used a union member, could it be around that maybe?

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This is a check a solicitor has to every time they start a new matter - sure , you might know the person on the other side has never used a sol, but they can't just assume that or take your word for it, they have to check in their client database essentially. It is a "conflict of interest" in it's full terminology. I manage a number of legal cases in house so i go through the process every time i take a new matter to a solicitor.

ElspethTascioni · 19/01/2023 14:02

And sometimes people nominally ask several different sols for advice, with no intention of using them, so they are they conflicted out when the other side tried to get a lawyer.
Is that what you suspect has happened?

It’s pretty hard for anyone to comment much more!

PeppermintChoc · 19/01/2023 14:05

poopoopooinyourshoe · 19/01/2023 13:57

This is so very strange as I am sure the person who is the other side has never before used a solicitor in their entire life.

they did have employment issues and used a union member, could it be around that maybe?

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They could have even called the solicitor to enquire about their services and given too much away? Could be a friend or someone known to the firm?

Original poster

poopoopooinyourshoe · 19/01/2023 14:06

Justcallmebebes · 19/01/2023 13:59

It could be or they work for a company who is a lucrative client? You can always ask them. If we're asked we will tell you why we can't act

It could also be personal reasons, i.e. a friend of the potential defendant or family member or they just don't want to take your case and are using a conflict as an excuse. Ask them

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Oh no they refused to tell me due to GDPR they said.

OP posts:

PeppermintChoc · 19/01/2023 14:07

ElspethTascioni · 19/01/2023 14:02

And sometimes people nominally ask several different sols for advice, with no intention of using them, so they are they conflicted out when the other side tried to get a lawyer.
Is that what you suspect has happened?

It’s pretty hard for anyone to comment much more!

Yes on my professional skills course I was told about a man who took a free 30min consult with every family firm in the locality which meant his wife couldn’t use any of them for their divorce.

Can’t fault his dedication!

Original poster

poopoopooinyourshoe · 19/01/2023 14:07

fitzwilliamdarcy · 19/01/2023 14:00

Conflict rules are essentially there to ensure that a solicitor can act in his or her client’s best interests, not another party’s. Something is preventing, or could prevent, the solicitor acting in your best interests. Could be a connection to someone on the other side, or another solicitor in the firm is acting for someone in the other side’s family.

Does it matter? It’s just a bit weird that you’re thinking about this to the extent of arguing with posters about how much you do or don’t know about the other side. Many people get legal advice and tell nobody else, you can never be certain.

Sorry if I appeared to argue, I am just curious what the reason could be.

OP posts:

Original poster

poopoopooinyourshoe · 19/01/2023 14:08

ElspethTascioni · 19/01/2023 14:02

And sometimes people nominally ask several different sols for advice, with no intention of using them, so they are they conflicted out when the other side tried to get a lawyer.
Is that what you suspect has happened?

It’s pretty hard for anyone to comment much more!

Oh so the other side could have previously attempted to engage them but not used them? Yes that makes sense, I wasn't aware that would be a conflict. Thank you.

So really if you rang every solicitor in a city you could prevent your other side from getting representation in the city?

OP posts:

Original poster

poopoopooinyourshoe · 19/01/2023 14:09

PeppermintChoc · 19/01/2023 14:07

Yes on my professional skills course I was told about a man who took a free 30min consult with every family firm in the locality which meant his wife couldn’t use any of them for their divorce.

Can’t fault his dedication!

Show quote history

I asked that question before I read your comment. Wow! That's crazy but makes total sense. I have a solicitor now so does the other side. I was just curious. thank you.

OP posts:

BatshitBanshee · 19/01/2023 14:11

If this is to do with divorce...

It is fairly (entirely) likely that "the other side" has consulted with a number of solicitors separately before actually agreeing to go forward with one. Sometimes this is to make it difficult for the other party to get representation as if a solicitor has already consulted with Party A, they cannot then go on to represent Party B.

(It's the one petty piece of advice I give anyone I know planning to divorce. Book in with every good solicitor in the area...)

OopsAnotherOne · 19/01/2023 14:17

While I can't give more advice as I don't know what you've instructed this Solicitor for, it's almost certain that they have a genuine reason where they feel they cannot act in your best interests. I will just add that I'm not a Solicitor.

It could be a personal friendship between someone in the firm and the person you were involved with, it might be that they've called around for advice and even if it was a telephone conversation, if it's on record and the firm have given advice to that person, they'd be in a conflict of interest if they also advised or took instructions from you. They don't necessarily have to act for the other person in order for a conflict of interest to arise.

Solicitors in our firm often have telephone calls with people with some advice etc included, which don't lead to formal instructions, but still result in an attendance note being put on a file which we can refer to at a later date. We would then not act if someone from the "other side" of that person's matter came to us to instruct us as we had previously advised the first person, even if it wasn't under formal instruction. Some Solicitors are more cautious than others when it comes to conflict of interest but all "should" follow the SRA Code of Conduct - you can find this online if you want to have a look at the sorts of situations in which a conflict of interest can arise.

The truth is you'll probably never know, they're right that they can't give you details due to GDPR. If someone phoned a Solicitor and spoke to them about something, or alternatively as another example if someone had a telephone call with a doctor, and then someone else phoned up and asked about the contents of the call, they would not be allowed to tell them. We can't even confirm to someone asking if another person is a client of ours or not.

Hope you find a Solicitor to represent you OP 🙂

GerbilsForever24 · 19/01/2023 14:19

As above. But could be all kinds of additional more side issues that you simply can't know or predict. Eg, you are suing someone over a house - it's you vs the house owner. No obvious conflict. But perhaps there was a management agency involved at one time and the law firm represents that agency. Or one of their lawyers is married to a director of that company. Or perhaps the management agency manages the building the law firm works in. I believe these things could be considered a conflict because basically, it might impact what, how, when information is received and perceived.

So it's not as simple as "but they don't represent the other side so how can they be conflicted."

I am not a lawyer, but when I worked for a small PR agency, we once turned down work claiming a "conflict". The "conflict" was that I, a mid-level member of staff, had previous knowledge of the situation and very very strong (negative) feelings about the potential client. I was also likely to be the most competent to run the account and I point blank refused to do so.

Original poster

poopoopooinyourshoe · 19/01/2023 14:29

OopsAnotherOne · 19/01/2023 14:17

While I can't give more advice as I don't know what you've instructed this Solicitor for, it's almost certain that they have a genuine reason where they feel they cannot act in your best interests. I will just add that I'm not a Solicitor.

It could be a personal friendship between someone in the firm and the person you were involved with, it might be that they've called around for advice and even if it was a telephone conversation, if it's on record and the firm have given advice to that person, they'd be in a conflict of interest if they also advised or took instructions from you. They don't necessarily have to act for the other person in order for a conflict of interest to arise.

Solicitors in our firm often have telephone calls with people with some advice etc included, which don't lead to formal instructions, but still result in an attendance note being put on a file which we can refer to at a later date. We would then not act if someone from the "other side" of that person's matter came to us to instruct us as we had previously advised the first person, even if it wasn't under formal instruction. Some Solicitors are more cautious than others when it comes to conflict of interest but all "should" follow the SRA Code of Conduct - you can find this online if you want to have a look at the sorts of situations in which a conflict of interest can arise.

The truth is you'll probably never know, they're right that they can't give you details due to GDPR. If someone phoned a Solicitor and spoke to them about something, or alternatively as another example if someone had a telephone call with a doctor, and then someone else phoned up and asked about the contents of the call, they would not be allowed to tell them. We can't even confirm to someone asking if another person is a client of ours or not.

Hope you find a Solicitor to represent you OP 🙂

I got one before he did, I was just thinking of changing. It makes sense now, thank you. I just didn't realise a conflict could be caused by a simple telephone call.

OP posts:

Ponoka7 · 19/01/2023 14:36

Are they connected to the property, did they do probate, hold the will for the previous owner, construct a title deed etc ?

ThirtyThreeTrees · 19/01/2023 14:55

It could be anything, they or someone within the firm have a current or previous connection with the people/company/property on either side of the case.

Or they could have a family member who does.

There are millions of reasons & this is not uncommon.

IAmTheWalrus85 · 19/01/2023 14:59

Could the other person have used the firm (not the specific solicitor you’re instructing but the firm as a whole) to buy a property at some point? That would do it. So would any employment advice.

But yeah, they absolutely can’t tell you the nature of the conflict. Both under GDPR and solicitors’ professional conduct rules.