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Our Conflicts, confidentiality and disclosure policy sets out our general position on when we can act in conflict situations. We also issue guidelines for certain [departments OR types of work]. These guidelines illustrate how our policy could apply in different situations, but they are not intended to be exhaustive or rigid. In each situation covered by these guidelines we must consider whether a conflict arises and, if so, whether we can act.

1. 1. 1

      Substantially common interest

      1. 1.1

         We will not act for clients under the substantially common interest exception where:

         1. 1.1.1

            we may need to negotiate on matters of substance between the clients, eg negotiating on price between a buyer and seller of a property

         1. 1.1.2

            there is unequal bargaining power between the clients, eg where a builder is selling to a non-commercial client

         1. 1.1.3

            one or both clients will be prejudiced by lack of separate representation

         1. 1.1.4

            we cannot represent the client even-handedly, or

         1. 1.1.5

            the clients’ interests in the end result are not