What Does It Mean When Your Solicitor Has a Conflict of Interest?

At SilverOak Solicitors, we’re committed to acting in the best interests of our clients. However, there are times when a solicitor may face a conflict of interest, meaning they are unable to represent you. If this happens, it’s important to understand what it means and how to proceed.

What Is a Conflict of Interest?

A conflict of interest occurs when a solicitor’s duty to act in the best interests of one client clashes with their duty to act in the best interests of another. Under the Solicitors Regulation Authority (SRA) Code of Conduct, solicitors are not permitted to act in situations where such conflicts exist or where there is a significant risk of a conflict arising.

For example:

• If a solicitor represents two clients whose interests are directly opposed.
• If a solicitor or their firm has a relationship with a party involved in the dispute (such as the defendant in a personal injury claim).

Conflict Checks: Why They Matter

When a new client approaches us, we carry out a conflict check. This involves reviewing the client’s details and the details of the party they intend to claim against (the defendant).

Conflict checks are a vital part of ethical legal practice. They ensure that solicitors remain impartial and maintain their loyalty to their clients without compromising their ability to act fairly.

Examples of Conflicts of Interest in Personal Injury Claims

Conflicts of interest can arise in various ways during a personal injury claim. Some common scenarios include:

• Driver and Passenger Claims: If both a driver and a passenger injured in the same road traffic accident wish to file claims, a conflict may occur. For example, if the driver becomes the defendant in the case due to disputed liability, the solicitor cannot represent both parties.
• Relationships with Defendants: If a law firm has an existing relationship with the defendant (such as a company or individual being sued), they cannot act for the claimant to avoid bias or a breach of trust.

What Happens If There Is a Conflict?

If your solicitor identifies a conflict of interest, they are legally obligated to stop acting for you. This can happen at the start of your case or during its progress.

If this occurs, your solicitor will advise you to seek representation from an alternative firm. They may offer to transfer your case file to another solicitor, but you have the freedom to choose which firm you wish to instruct.

How SilverOak Solicitors Can Help

If you’ve been told that your solicitor has a conflict of interest and can no longer represent you, SilverOak Solicitors are here to assist. Our team can review your situation and provide expert guidance to ensure your case is handled professionally and efficiently.

Call 020 8578 7778, and our advisors will take your details and guide you on the next steps. At SilverOak Solicitors, we’re committed to ensuring you receive the legal support you need, no matter the circumstances.