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Relations between solicitors and clients:

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by

Aitana López

on 11 March 2015

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Transcript of Relations between solicitors and clients:

Relations between solicitors and clients
Aitana Lopez Hernandez
ID.: 13083929

Conflict of interests
-What are you studying?

-Law

-Oh, grand. You will be my lawyer! You will get me out of jail if I get in trouble.
COVERED TOPICS
THE RELATIONSHIP BETWEEN SOLICITORS AND CLIENTS AND ITS DUTIES
CONSEQUENCES OF ACTING IN A CONFLICT OF INTEREST
TYPES OF CONFLICT OF INTEREST
SCENARIOS OF CONFLICT OF INTEREST
WHAT A CONFLICT OF INTEREST IS
Fiduciary relationship
solicitor
client
What is a "fiduciary"?
“a person with legal power to alter the legal position of another, generally called the fiduciary’s principal and one who must use his or her discretion in exercising that power so as to serve the principal’s best interests and, in particular, so as never to serve his own interests to the detriment of his principal…”
FIDUCIARY DUTIES
DUTY OF CONFIDENTIALYTY
DUTY TO MAKE FULL DISCLOSURE TO EACH CLIENT IN A MATTER
DUTY OF LOYALTY
CONFLICT OF DUTY AND CONFLICT OF INTEREST
CONFLICT OF INTEREST
CONFLICT OF DUTY
CONFLICT OF INTEREST
The situation where a solicitor’s own interests conflict with his duties to his client
or...
the situation where solicitor's
two clients' interests clash
DUTY OF LOYALTY
DUTY OF CONFIDENTIALITY
DUTY TO MAKE FULL DISCLOSURE TO EACH CLIENT IN A MATTER
BREACH OF DUTIES
the initiation of a disciplinary procedure by the Solicitors Disciplinary Tribunal
EXISTING CLIENT CONFLICT
FORMER CLIENT CONFLICT
PERSONAL CONFLICT
CONVENYANCING TRANSACTION SCENARIO
PERSONAL CONFLICT SCENARIOS
NON-CONVENYANCING TRANSACTION
NON-CONVENYANCING TRANSACTION
POTENTIAL CONFLICT
SOLICITOR MAY NOT BE ALLOWED TO DISCLOSE ALL THE INFORMATION THAT HE/SHE HEARS FROM THE OTHER PART
SOLICITOR MAY NOT BE IN A POSITION TO ADVISE FULLY EACH CLIENT
Exception: Solicitors (Professional Practice, Conduct and Discipline - Convenyancing Conflict of Interest) Regulation 2012, art 3
BEQUEST UNDER WILL OR GIFT BY DEEED
PARENTS' WILL
BORROW MONEY FROM A CLIENT
HOLDING A POWER OF ATTORNEY
MAKE OR OFFER TO MAKE A PAYMENT
MAIN SCENARIOS OF PERSONAL CONFLICT
Full transcript