A conflict of interest exists when a solicitor’s duties or interests pull in incompatible directions; the question is specific to the parties, matters and duties involved.
Solicitors are subject to professional rules on client conflicts and own-interest conflicts. A concern should identify whose interests conflict, what duty is affected, and why the firm’s ability to act independently or protect confidential information is compromised.
The mere fact that a large firm acts for different clients in unrelated matters is not automatically a prohibited conflict. The connection and adverse interests matter.
Key points
- Identify the clients/matters and adverse interests.
- Preserve engagement letters and correspondence showing the firm’s role.
- Confidential information and its possible use can be relevant.
- Raise the concern promptly with the firm and consider SRA where serious.
Client conflict versus own-interest conflict
A client conflict concerns duties owed to two or more clients whose interests conflict. An own-interest conflict arises where the solicitor’s own interests conflict, or significantly risk conflicting, with the client’s interests. Different rules and exceptions may apply.
Why information flow matters
If material from one matter appears in another, identify exactly what it was, how it was obtained and why its use matters. Do not assume accidental attachment proves the entire legal conflict; treat it as evidence requiring explanation.
Opposing-party situations
If the firm acts for companies in separate disputes against the same individual, the analysis is fact-sensitive. Ask whether duties to one client, confidential information, strategic positions or the firm’s own interests create a prohibited conflict - not simply whether the names overlap.
In practice
- Write a conflict map: matter A / client / role / confidential information; matter B / client / role / adverse interest.
- Ask the firm to explain its conflict check and basis for continuing where appropriate.
- Keep SRA and Legal Ombudsman functions separate.
What to do
A practical next-step plan
- Identify every relevant matter and role.
- Gather evidence of the overlap.
- Define the duty or confidential information at risk.
- Raise it with the firm/COLP where appropriate.
- Seek independent legal advice if active litigation may be affected.
- Report serious regulatory concerns to SRA.
Common traps
Things that often confuse the issue
- Do not label every commercial overlap a conflict.
- Do not disclose privileged/confidential documents unnecessarily when making a report.
- Do not assume an internal conflict check is conclusive if contrary evidence emerges.
Evidence worth keeping
Separate complaint, regulator report and tactical accusation.
Useful wording.
“I ask the firm to consider whether the circumstances engage its duties on conflicts and confidentiality because [specific overlap]. I am not asking for another client’s confidential information. Please explain the basis on which the firm considers it can continue to act consistently with its professional obligations.”
If the concern is serious regulatory misconduct, a focused SRA report may be appropriate; if it is service to you as a client, the firm/Legal Ombudsman route may also apply.
Ask the firm to address the conflict framework rather than disclose privileged material.
A firm may be unable to reveal confidential information about another client. You can still ask it to confirm that it has considered the applicable SRA conflict/confidentiality duties, what safeguards can be described, and whether it considers any exception to apply.
Map the information flows as well as the parties.
Potential problems can arise where confidential information from one matter is material to another, where duties to two clients pull in different directions, or where the firm’s own interests impair independent advice. Build a chronology showing the retainer, parties, overlapping issues and the information you say creates the problem.
A conflict allegation needs the relevant duties and actual interests identified.
Do not assume that acting for two businesses you dislike, or previously acting against you in an unrelated matter, is automatically a prohibited conflict. The SRA rules distinguish conflicts between clients and conflicts between a solicitor’s own interests and a client’s interests, with defined exceptions in some client-conflict situations.
Official sources
Check the rules behind this guide
- Report a solicitor or firm - SRA
- How to complain to a legal service provider - Legal Ombudsman
- SRA: Problems and complaints ↗
- SRA: Report a solicitor or firm ↗
These are official or primary sources for this topic. Rules, scheme terms and deadlines can change, so check the live source before relying on a formal time limit or procedure.