What steps must a solicitor take if a new conflict of interest arises in an ongoing case in Ireland?

Hello, good morning

When a new conflict of interest arises in an ongoing case in Ireland, a solicitor is bound by a strict set of professional obligations under the Law Society of Ireland's Code of Conduct. These obligations prioritize the client's best interests and the solicitor's duty of undivided loyalty, full disclosure, and confidentiality. If you find yourself in this situation, you also have the right to change your legal representation without negatively impacting your case.​

Solicitor's Obligations in a Conflict of Interest
A conflict of interest occurs when a solicitor's duty to act in the best interests of two or more clients in the same or a related matter conflict. In such a scenario, the solicitor must take the following steps:​

Disclosure: The solicitor has a duty to disclose the conflict of interest to the client. This disclosure must be comprehensive, outlining the nature of the conflict and the potential implications for the client's case.​

Cease Acting: As a general rule, upon identifying a conflict of interest, the solicitor should cease to act for the client.​

Obtaining Consent: In some limited circumstances, a solicitor may be able to continue acting for one of the clients, but only with the informed consent of both parties. However, the decision to continue acting is ultimately the solicitor's, based on their professional judgment and duty to the client, not the client's judgment.​

Withdrawal: If the conflict cannot be resolved or if it is not appropriate to continue acting even with consent, the solicitor must withdraw from the case. The withdrawal process is also governed by regulations to ensure a smooth transition and to avoid prejudicing the client's case.​

It is important to note that certain conflicts are non-negotiable. For instance, a solicitor is generally prohibited from acting for both the vendor and purchaser in a property transaction, with very limited exceptions.​

Your Options for Switching Representation
You have the absolute right to choose who represents you and can change your solicitor at any point during an ongoing case. If you are unhappy with your current solicitor for any reason, including a conflict of interest, you are entitled to seek new representation.​

The process for changing solicitors is straightforward:

Find a New Solicitor: You will first need to find a new solicitor who you feel is a better fit for your case.​

Sign an Authority: You will then sign an authority with your new solicitor, which authorizes them to take over your file from your previous firm.​

File Transfer: Your new solicitor will request your file from your previous solicitor. The file, which belongs to you, should include all correspondence, documents, and disclosures related to your case.​

Coming on Record: If you have already been charged in a criminal matter, your new solicitor will need to apply to the court to "come on record" as your legal representative.​

Changing solicitors is a significant decision, and it is advisable to do so as early in the case as possible to ensure a smooth transition and to allow your new solicitor to get up to speed on the matter.​