Conflicts of Interest for Conveyancers - Navigating the Minefield

Introduction

If your starting point is ‘there is no conflict of interest’ then think again. This is because a prudent conveyancer has to be continually on the alert to potential conflict of interests arising which are not always immediately apparent and for which property transactions in particular present a minefield to navigate.

There are guides by the Law Society, the SRA and its 2019 Code of Conduct, and others but throughout you need to develop an instinct to spot a conflict before you have gone too far with any transaction.

What You Will Learn

This webinar will cover the following:

• Can computer programmes spot conflict situations and resolves them?
• Law Society Guides & SRA Principles and Code of Conduct
• Comparison with the Council of Licensed Conveyancers Handbook
• Illustrative case studies of the SRA and others
• UK Finance Mortgage Lending - what does the Handbook tell us?
• Can the issue of conflict affect a property contract?
• Who exactly are you acting for?
• What is meant by the expressions ‘own interest conflict’ and ‘client conflict?’ What do the rules say?
• How to assess whether or not there is in fact a conflict and how do you deal with 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?
• Confidentiality and disclosure
• 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
• Is conflict restricted to your office or can conflict arise in relations with third parties for the conveyancer outside of the office?
• The common law on conflict and the extent of your retainer
• FAQs, discussion points and illustrative cases

This webinar was recorded on 19th October 2022

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