Conflict of interest: family law

[MahMahMahMahCorona]

Hypothetical question: if a married couple decide to separate, and Party 1 contacts all the solicitors firms in one town / area to outline divorce / child arrangements proceedings and seek representation, will there be a conflict of interest if Party 2 contacts the firms Party 1 does not choose, to seek their own representation?

Can I clarify if this (the initial conversation with Party 1) creates an ethical wall?

Here's the recent case

www.bailii.org/ew/cases/EWHC/Fam/2017/2660.html

It's quite hard to accomplish.

Para 11 of that summarises the points the court will look at.

1	In the main these are, as I set out now, mainly factual rather than legal. The issues are, firstly, can the husband prove that a meeting took place between Raymond Tooth and OE on 30 November 2015? Secondly, if it did can the husband prove that any confidential or privileged material was communicated to Raymond Tooth and his assistant during that meeting? Thirdly, but a subset of the preceding item, can the husband prove that such material is or may be relevant to the current dispute or contemplated dispute? Fourthly if such information was provided, can the wife, or Raymond Tooth, establish that there is no real risk of disclosure? Lastly if there is such a risk is there any reason for not granting an injunction?
2	


As @MrsBertBibby says it is quite hard to establish.

Thank you both so much - this is helpful. Clearly a case might be made by Party 1 to prevent representation of Party 2, however what it comes down to is if the burden of proof can be established as to whether confidential information was shared or not...