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conflict of interest

  • 09-05-2015 6:39pm
    #1
    Macspower
    Registered Users, Registered Users 2 Posts: 3,201 ✭✭✭


    I'm not looking for legal advice so I hope this is ok.

    But can a solicitor that is representing me in an open case also represent another client ( on an completely unrelated matter)who is making a claim against a company I am a director of?


Comments

  • #2
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,805 ✭✭✭GerardKeating


    Macspower wrote: »
    I'm not looking for legal advice so I hope this is ok.

    But can a solicitor that is representing me in an open case also represent another client ( on an completely unrelated matter)who is making a claim against a company I am a director of?

    Depends. Is the solicitor actually aware of this conflict? Perhaps he is not aware you are a director?


  • #3
    Macspower
    Registered Users, Registered Users 2 Posts: 3,201 ✭✭✭Macspower


    GerardKeating wrote: »
    Depends. Is the solicitor actually aware of this conflict? Perhaps he is not aware you are a director?

    No I doubt he is aware but I was planning on making him aware of it on Monday, if it makes any difference.

    edit.. what I am asking is if I tell him can he still represent the guy in the new case or would he have to advice his client to get another solicitor .


  • #4
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,992 ✭✭✭✭Peregrinus


    He wouldn't necessarily have to advise the other guy to get a new solicitor; he could advise you to.

    If you have a situation where you are representing A and B, and client A is unhappy about you representing both, if your representation of both clients does not violate any professional ethical rule then one way to resolve the matter is to invite client A to go elsewhere.

    Different if the representation of both A and B involves a breach of the solicitor's professional obligations. In that circumstance he may have to send both A and B elsewhere.

    Much depends on exactly what the nature of the relationships are, and what the cirumstances are. Does the soliticor's involvement with you give him any knowledge or information that he could meaningfully se in his representation of B? Or vice versa?


  • #5
    Macspower
    Registered Users, Registered Users 2 Posts: 3,201 ✭✭✭Macspower


    The 2 cases would have no crossover whatsoever nor information from one would not impact the other so the only common denominator would be me.

    I think you answer my question above. I just wondered did he "have to" step away from one but what you say makes sense.

    I wouldn't mind him stepping away from the case against the company for no other reason but that he is a good solicitor.

    thanks for the advice


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