INTRODUCTION
The main aim of this book has been to examine whether the current regulatory regime governing solicitors’ conduct in conflict situations is appropriate for the commercial environment in which many law firms now operate.
In other words, do Law Society rules sufficiently reflect changes in society and in the demands placed upon solicitors? I have also been concerned with the question of whether solicitors abide by the current rules; if not, why not; and the degree to which solicitors’ responses to conflicts of interest (whether or not in conformity to the rules) protect their clients against inappropriate and damaging disclosure. In attempting to provide answers to these questions, the preceding chapters have examined:—the scope of the current Law Society and common law rules governing solicitors’ conduct in conflict situations;
—the rationale behind the regulations;
—the way other professions and law societies approach the issue; and
—the effect of existing regulations on firms.
In this concluding chapter I review what can be regarded as the main difficulties with the existing rules and examine various possible strategies for managing conflicts of interest.
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