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Would this amount to a conflict of interest

  • 17-11-2020 1:48pm
    #1
    Registered Users, Registered Users 2 Posts: 7,544 ✭✭✭


    If a defendant's solicitor is known personally to a plaintiff does that amount to a conflict of interest? Should that solicitor then renounce working on that particular matter?

    For example Mr X (the plaintiff) is taking a case for breach of contract against a company (defendant). The company is represented by a firm of solicitors. A solicitor with that firm knows the plaintiff directly (lets call her Mrs Y), in fact her husband and the Mr X (the plaintiff) are close friends. Prior to any dispute with the company Mr X discussed a lot of facts that would be quite pertinent to the case with the husband of the solicitor for the defendant. Those facts could be prejudicial to the Mr X if the defendant was aware of them through Mrs Y.

    If Mrs Y is in fact working on the file then would this amount to a conflict of interest? Should the solicitor for the defendant step back from the case and have another solicitor from the firm work it instead?


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