Dual representation by a solicitor

 

 

 

Dual representation by a solicitor occurs when a single solicitor or law firm represents two or more parties in the same legal matter. This arrangement is common in situations like property transactions or business deals, where both parties have aligned interests and seek to save on legal costs. However, it is subject to strict legal and ethical guidelines to avoid conflicts of interest.

How Dual Representation Works

1. Initial Assessment:

   • The solicitor assesses whether dual representation is appropriate and ensures no conflicts of interest exist between the parties.
   • If there's even a potential for conflict, the solicitor may refuse to act for both parties.

2. Informed Consent:

   • Both parties must be informed about the nature of the dual representation and the potential risks involved.
   • Each party must provide written consent to the arrangement.

3. Scope of Representation:

   • The solicitor must clearly define the scope of their representation, ensuring transparency in what they will and won’t do for each party.

4. Confidentiality:

   • The solicitor cannot share confidential information from one party with the other unless explicitly authorized.
   • They must ensure strict adherence to confidentiality rules.

5. Acting Impartially:

   • The solicitor must remain neutral and avoid favoring one party over the other.
   • If a conflict arises during the process, they may need to cease acting for both parties.

6. Legal Safeguards:

   • Rules governing dual representation vary by jurisdiction, but most legal frameworks require solicitors to:
     • Act in the best interests of all clients.
     • Avoid any perception of bias.
     • Withdraw if impartiality becomes impossible.

Examples of Dual Representation

• Conveyancing: A solicitor may represent both the buyer and seller in a property transaction, particularly in straightforward cases with no anticipated disputes.
• Business Transactions: A solicitor might represent both parties in drafting or reviewing partnership agreements or other contracts.

Risks of Dual Representation

• Conflict of Interest: If the interests of the parties diverge, the solicitor may find themselves in an ethical dilemma.
• Perception of Bias: One party may feel that the solicitor is favoring the other.
• Withdrawal Costs: If the solicitor has to withdraw mid-case, both parties might face delays and additional costs in finding new representation.

When Is Dual Representation Prohibited?

Dual representation is typically prohibited when:

• There is a direct conflict of interest between the parties.
• One party lacks the capacity to fully understand or consent to the arrangement.
• The matter involves litigation, as disputes inherently involve conflicting interests.

If you're considering dual representation, it's crucial to ensure that the solicitor provides a thorough explanation of the process, risks, and safeguards in place to protect each party’s interests.