§ discipline

Manage conflict arising mid-matter client

Where a conflict arises after acting begins, the lawyer may continue for only one client (or a non-conflicting group) and only where confidentiality to the others is not put at risk.

22 cases 41% strike-off avg suspension 36.0 mo avg fine 6,000 4 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code CCS 6.2 partial 8 cases
6.2 You do not act in relation to a matter or particular aspect of it if you have a conflict of interest or a significant risk of such a conflict in relation to that matter or aspect of it, unless: ...

SRA Code of Conduct for Solicitors, RELs and RFLs · 2019 · archived copy · official source ↗

E&W Barristers BSB Handbook rC25; gC37 partial
rC25 Where you have accepted instructions to act but one or more of the circumstances set out in Rules rC21.1 to rC21.10 above then arises, you must cease to act and return your instructions promptly.

BSB Handbook · current · archived copy · official source ↗

Cayman Islands Legal Services Code 2026 R.7.5 strong
if an attorney-at-law or a recognised law entity acts for more than one client in a matter and, during the course of the conduct of that matter, a conflict arises between the interests of two or more of those clients, the attorney-at-law or the recognised law entity may only continue to act for one of the clients (or a group of clients between whom there is no such conflict), and provided that the duty of confidentiality to the other client(s) is not put at risk

Cayman Islands Legal Services Code of Professional Conduct · 2026 · archived copy

AU Solicitors Solicitors' Conduct Rules Rule 11.5 strong
If a solicitor or a law practice acts for more than one client in a matter and, during the course of the conduct of that matter, an actual conflict arises between the duties owed to two or more of those clients, the solicitor or law practice may only continue to act for one of those clients... in the following exceptional circumstances: 11.5.1 any client for whom the solicitor or law practice ceases to act has given informed consent...; and 11.5.2 the duty of confidentiality owed to all of the clients... is not put at risk.

Australian Solicitors' Conduct Rules · 2015 (June 2026 compilation) · archived copy · official source ↗

AU Barristers Uniform Barristers Rules rr112-113 strong
A barrister must return a brief other than a brief to appear as soon as possible after the barrister becomes aware that the barrister has information confidential to a person other than the client which may, as a real possibility, be material to the client's case ... A barrister who is briefed to appear for two or more parties ... must then return the brief for ... one or more of the clients so as to remove that possibility of conflict.

Legal Profession Uniform Conduct (Barristers) Rules · 2015 (as amended 14 May 2025) · archived copy · official source ↗

IE Solicitors Law Society Guide Ch3 — Conflict of interest between solicitor and client partial
If the conflict arises during a transaction, the solicitor should give careful consideration to their position.

Solicitor's Guide to Professional Conduct (Law Society of Ireland) · 4th ed. (2022) · archived copy · official source ↗

IE Barristers Bar Code of Conduct Rule 3.11 partial
and where they have accepted such instructions they should not continue to act.

Code of Conduct for the Bar of Ireland · 2024 · archived copy · official source ↗

JM Attorneys Canons of Professional Ethics Canon IV(k); Canon IV(m); Canon IV(n)(v) partial 13 cases
(k) ... an Attorney shall not accept or continue his retainer or employment on behalf of two or more clients if their interests are likely to conflict ... (m) In all situations where a possible conflict of interest arises, an Attorney shall resolve all doubts against the propriety of multiple representation. ... [An Attorney may at any time withdraw from employment:-] (v) where any of the provisions of Canon IV (j), (k) or (m) apply.

Legal Profession (Canons of Professional Ethics) Rules · 1978 (principal) · archived copy · official source ↗

JE Lawyers Law Society of Jersey Code R.6.5 strong
if a member or their firm act for more than one client in a matter and, during the course of the conduct of that matter, a conflict arises between the interests of two or more of those clients, a member or their firm may only continue to act for one of the clients (or a group of clients between whom there is no such conflict), and provided that the duty of confidentiality to the other client(s) is not put at risk.

Law Society of Jersey Code of Conduct · 1 January 2017 · archived copy · official source ↗

ON Lawyers LSO Rules of Prof. Conduct r 3.4-8 strong
Except as provided by rule 3.4-9, if a contentious issue arises between clients who have consented to a joint retainer, the lawyer shall not advise either of them on the contentious issue and the following rules apply: (a) The lawyer shall (i) refer the clients to other lawyers for that purpose; or (ii) if no legal advice is required and the clients are sophisticated, advise them that they have the option to settle the contentious issue by direct negotiation in which the lawyer does not participate. (b) If the contentious issue is not resolved, the lawyer shall withdraw from the joint representation.

Law Society of Ontario — Rules of Professional Conduct · current · archived copy · official source ↗

BC Lawyers BC Code r 3.4-1 strong 1 case
A lawyer must not act or continue to act for a client where there is a conflict of interest, except as permitted under this Code.

Code of Professional Conduct for British Columbia (BC Code) · 2017 · archived copy · official source ↗

NZ Lawyers Conduct & Client Care Rules r 6.1.2 / r 6.1.3 strong
Despite rule 6.1.1, if a lawyer is acting for more than 1 client in respect of a matter and it becomes apparent that the lawyer will no longer be able to discharge the obligations owed to all of the clients ..., the lawyer must immediately inform each of the clients ... Despite rule 6.1.2, a lawyer may continue to act for 1 client provided that the other clients ..., after receiving independent advice, give informed consent ...

Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 · SR 2008/214 · archived copy · official source ↗

SCO Solicitors LSS Standards of Conduct B1.7 partial
You must not act for two or more clients in matters where there is a conflict of interest between the clients or for any client where there is a conflict between the interest of the client and your interest or that of your practice unit.

Law Society of Scotland — Practice Rules 2011, Rule B1 (Standards of Conduct) · 2011 · archived copy · official source ↗

SG Lawyers Professional Conduct Rules 2015 r 20 (Conflict, or potential conflict, between interests of 2 or more clients) partial
20 Conflict, or potential conflict, between interests of 2 or more clients

Legal Profession (Professional Conduct) Rules 2015 · 2015 · archived copy · official source ↗

HK Solicitors Solicitors' Guide Principle 9.04 / Commentary 4 strong
A solicitor or firm of solicitors must not continue to act for two or more joint clients when a conflict of interest arises between those joint clients. ... the solicitor must cease to act for both clients, unless he can without embarrassment and with propriety, continue to represent one client with the other's consent. A solicitor may only continue to represent one client where he is not in possession of relevant confidential information and knowledge concerning the other obtained whilst acting for the other.

Hong Kong Solicitors' Guide to Professional Conduct (Volume 1) · current · archived copy · official source ↗

HK Barristers Bar Code of Conduct para 6.10(c) strong
if having accepted instructions on behalf of more than one client there is or appears to be:- (i) a conflict or risk of conflict between the interests of any one or more of such clients; or (ii) a risk of a breach of confidence; and the clients do not all consent to him continuing to act for one or more of them or he is unable (even with the consent of all the clients) to continue to act for one or more of the clients without embarrassment;

Code of Conduct of the Bar of the Hong Kong SAR · 2018 · archived copy · official source ↗

Cases dealing with this duty

Clear

22 decisions · link basis: found breached = a tribunal finding; rule cited = the mapped provision is cited in the decision; text match = high-precision text pattern

Duty classification does not yet cover every jurisdiction (Ontario, New Zealand and Singapore decisions are indexed but not yet duty-classified), so counts here understate those corpora.