Conflicts of Interest & the Code of Conduct - The Key Issues for Conveyancers

Introduction

The SRA Code of Conduct is a sound starting point to examine conflicts of interest.

It sets out the basics of what is demanded of solicitors in similar manner as the other professional bodies. In these codes there is guidance as to when you should and should not act, when you may act and the conditions for so doing.

This virtual classroom seminar will consider the key issues.

What You Will Learn

This live and interactive session will cover the following:

• Law Society Guides on conflicts in conveyancing
• SRA Principles and the Code of Conduct-assessing if there is a conflict and the exceptions
• SRA case studies - what to avoid and the importance of disclosure
• £2000 fine and £20,000 costs SDT case against a firm unwittingly acting for both parties to a conveyancing transaction
• UK Finance - what does the Handbook tell us?
• Can the issue of conflict affect a property contract?
• Who exactly are you acting for and are you acting at all?
• What is meant by the expressions ‘own interest conflict’ and ‘client conflict’? What do the rules say?
• How do you deal with the interests of any actual or potential third parties
• Are there any exceptional circumstances when it is permissible for you to continue acting even though you have assessed that there is or very well may be a conflict?
• For the conveyancer are there any occasions in which you are actually allowed to act for the seller of a property as well as the buyer or indeed to act for both the buyer and the mortgagee?
• Points to remember regarding acting for both a buyer and seller of the same property and acting for lender and borrower
• Confidentiality and disclosure, conflict between ‘integrity’ and ‘honesty’ and between a principal and an assistant
• Can your mental state or stress ever excuse a conflict or dishonest behaviour?
• Conflict of interest between fraudulent borrower and lender resulting in a claim for breach of warranty of authority against the acting solicitor
• Does conflict arise in relations with third parties for the conveyancer? Does it continue outside of the office?
• Apart from the professional rules a look at common law on conflicts and the extent of your retainer
• FAQs, discussion points and illustrative cases throughout

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.