We are often asked to advise on conflicts, and our clients include large City and US firms.

Cases on conflicts and rules from several jurisdictions and other resources can be found on our Conflicts page https://www.legalrisk.co.uk/services/conflicts/rm-cases/.  New reported cases on conflicts occur less frequently than in the USA, but there has been one recent case, Keeling v Keeling [2017] EWHC 1189 (Ch), which involved an executorship.  A person who is asserting a claim which is adverse to an estate should not take out a grant of representation, as a personal representative is in a fiduciary position; if a law firm knows of the claim, it should advise the person.

The Law Society of Scotland has published a consultation on proposed changes to practice rules on conflict of interest.

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