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Serving Two Masters: Conflicts of Interest in the Modern Law Firm

Janine Griffiths-BakerLecturer, Law Department, University of Bristol

ISBN13: 9781841132297
ISBN: 1841132292
Published: November 2002
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00



Despatched in 11 to 13 days.

It is a sine qua non of legal practice that lawyers should not allow themselves to act for two clients whose interests may, potentially, conflict. However, this principle is being placed under increasing pressure, the main reasons for this being increased demand for specialist legal services, the globalization of commerce, a dramatic growth in the size of leading law firms, and significantly greater mobility within the legal profession. As a result, there is a growing trend, especially within the commercial legal environment, for solicitors to face conflicts of interest which have no easy solution. Increasingly, conflicts are being ""managed"", rather than avoided altogether. This is a field within which the Law Society's own rules are flouted on a daily basis, and in which these rules appear increasingly at odds with the common law. Based on extensive interviews with lawyers and their clients, this book provides a thorough consideration of how conflicts of interest are handled within law firms. It should be of use to all those who have an interest in professional legal ethics, including law students, legal scholars, practitioners and regulators.

Subjects:
Professional Conduct and Ethics, Courts and Procedure
Contents:
1. INTRODUCTION
2. THE REGULATORY REGIME
3. THE MODERN FIDUCIARY: CONFLICTS IN OTHER PROFESSIONS
4. CONFLICTS OF INTEREST: AN INTERNATIONAL PERSPECTIVE
5. DISCOVERING CONFLICTS: PROCEDURES AND DILEMMAS
6. THE DECISION WHETHER TO ACT: PROCEDURES AND INTERESTS
7. ACTING IN THE FACE OF CONFLICT
8. CONCLUSION