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A CLEAR DIVIDE

Up to this point I have not attempted to distinguish between firms in their approach towards conflicts of interest. Significant differences emerge, however, when we examine the criteria used in deciding whether to act.

Some solicitors appeared to apply high ethical, legal and professional standards, whilst others seemed to attach greater importance to clients’ wishes, or to commercial con­siderations. Yet although there are these differences, there are also similarities amongst various groups of practices. Very broadly, attitudes towards conflicts of interest tend to be similar amongst large City firms, likewise similar within the medium-sized City firms and national firms, and again comparable amongst the smaller City and provincial practices.

Table 1

Type of Firm Average Number of Fee-Earners Areas of Practice No. of Firm*
Very large London-based practices (Group One) 1,050 Specialists in banking & finance, company & commercial law 1, 2, 3, 14,

29, 15

Medium-sized London firms/ national practices (Group Two) 450 Majority specialise either in litigation and insurance or in company & commercial law. Some private client work undertaken 4, 5, 6, 7, 9,

16, 17, 21,

22, 23, 30

Small London firms/prominent provincial practices (Group Three) 190 Diverse—some company & commercial law, shipping, private client (including specialist work), legal aid, litigation, health care, insurance, property 8, 10, 11, 12,

13, 18, 19,

20, 24, 25,

26, 27, 28

*As identified in the Appendix

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Source: Griffiths-Baker Janine. Serving Two Masters: Conflicts of Interest in the Modern Law Firm. Hart Publishing,2002. — 227 p.. 2002
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