Conflicts and Confidentiality for Law Firms 2nd Edition

Fully revised in line with SRA Rules and Handbook updates, this practical guide will help you to develop effective systems and controls to ensure compliance in client matters.

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Details

Description

The risks associated with dealing with conflicts of interest and confidentiality issues incorrectly must not be underestimated by law firms. Not only can this have adverse regulatory consequences, but breaches of duties in these areas can lead to reputational loss, damaged client relationships, and professional indemnity implications. Success in achieving the SRA Outcomes relating to conflicts of interest and confidentiality is a key indicator that a firm’s compliance systems are effective.

Fully updated for its second edition, this practical guide will help you to develop effective systems and controls to ensure compliance in client matters. It examines the key factors that must be taken into account in order to develop effective systems and controls for a firm, and provides critical guidance on how to reduce relationship threatening conflicts, and ensure that risks are identified and dealt with quickly and effectively at both a strategic and operational level.

Practical guidance, case studies, updated case law, and examples are provided on:

  • How to manage client expectations;
  • The overlap with client care and other conduct duties;
  • What the SRA expects in terms of systems and controls;
  • High risk situations, including fee earners moving firms and firm mergers; and
  • The risks relating to certain practice areas, business models, and SRA level 1 risks (a sample risk register is also included).

Plus, a step-by-step framework on how to health-check your firm's compliance systems and review the suitability of its policies and methods is included.

Contents

Download the executive summary here

Chapter 1: Overview and the duties owed to the client

Chapter 2: Conflicts of interest

Chapter 3: Confidentiality and disclosure

Chapter 4: Compliance checks – Health checking your systems

Chapter 5: The importance of retainer terms

Chapter 6: Other client care issues

Chapter 7: Conclusion

 

Download chapters

Authors

Tracey Calvert
Tracey Calvert is a lawyer and the director of Oakalls Consultancy Limited. She is a regulatory, compliance and ethics specialist, providing a variety of advisory services to members of the solicitor’s profession. She is a regular speaker and trainer on these topics and has delivered presentations both within the UK and internationally. She is an officer of the International Bar Association’s Professional Ethics Committee and a board member of both the Wilmington Group’s Legal Compliance Association and the Law Society’s Legal Compliance Bulletin. Tracey was previously employed by the Law Society and the SRA as a senior ethics advisor and a policy executive.

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