Solicitor Conflict Of Interest Former Client Uk
Description
How to fill out Sample Attorney Conflict Of Interest Waiver Letter?
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FAQ
ABA Model Rule 1.9 provides that a "lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client." Again, there is an exception where the ...
You may encounter a prospective client whose interests conflict with your personal interest. For example, a conflict would exist if you've invested in a business that the potential client would like to sue. A conflict would also likely exist if your client would like assistance divorcing a family member of yours.
Conflict with the interests of a former client A lawyer must not act for a new client against the interests of a former client if: ? the lawyer has confidential information about the former client which is relevant to the new.
Informed written consent. The Model Rules, on the other hand, employ a less-strict requirement of requiring only ?informed consent, confirmed in writing.? That standard permits a lawyer to confirm by email or even text message that the client has consented to a conflict.
For solicitors to be prevented from acting, the former client must be able to satisfy the court that the confidential information is relevant to the claim now being brought. It is not enough to simply assert that the solicitor cannot act as they have represented that former client previously.