EVALUATING THE DATA
The volume of data produced by these various search processes can be substantial, especially where many different parties are involved. Much of the information may prove irrelevant, but where there is or may be a potential conflict, the matter must be considered further.
As has been demonstrated above, the procedures for checking conflicts vary from firm to firm, and this determines the amount of data collected. Larger practices have elaborate databases, enabling them to use complex search engines, whereas smaller firms rely principally on direct communication between fee-earners. However, computer technology is still relatively primitive in the sense that most systems will search only for specific names that are typed in. If a name is missed off the search, or entered incorrectly, there is no guarantee that a potential conflict will be identified. Many firms, therefore, will circulate a list of new clients and matters to all fee-earners. In addition, as electronic mail is not a completely reliable way of ensuring that all members of the firm have considered the necessary information, some firms have regular meetings where new cases are considered.[354]Firms acknowledged that they may have been caught out on some occasions, but by and large they claimed that the procedures in place worked well for everyday transactions. Firm 14 was typical in claiming:
The system for identifying a potential conflict has to be good because otherwise firms would get into trouble if they started acting for a client and there was an actual conflict. Most potential conflicts are identified before we agree to act for a client.
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