Requirements · Legal services
Conflicts of interest and confidentiality when hiring a lawyer
Last updated 25 October 2026 · 2 sources listed · Reading time about 4 minutes
Short answer
Lawyers owe duties of confidentiality and loyalty, which is why they run conflict checks before acting. A conflict arises when acting for you would clash with duties to another client or with the lawyer's own interests. Some conflicts can be managed with informed consent and safeguards; others bar the lawyer entirely. Rules differ by jurisdiction, so ask the firm to explain how they apply to your matter.
Who this is for: A person or company about to share sensitive information with a lawyer, or one worried that their lawyer also acts for someone connected to the other side.
What to evaluate
Conflict check before engagement
Firms hold information about many clients. Without a check they may discover too late that they cannot act.
How to check: Give complete names of all parties and related entities, and ask for confirmation that a check was done.
Nature of any conflict
A direct clash, where two clients' interests oppose, differs from a potential one where interests are aligned but may diverge.
How to check: Ask the lawyer to describe any relationship with other parties and why they believe they can still act.
Informed consent and safeguards
In some systems a lawyer can act despite a conflict if all affected clients consent and information barriers are in place.
How to check: Ask what consents are needed, who must give them and how confidential information is walled off.
Scope of confidentiality
Duties generally cover information relating to the client, with limited exceptions such as preventing serious harm or complying with law.
How to check: Ask what exceptions apply in your jurisdiction, including anti-money-laundering reporting obligations.
Privilege and how to preserve it
Legal professional privilege can protect advice from disclosure in disputes, but sharing it carelessly can waive it.
How to check: Ask how to handle advice internally and with third parties, including insurers, accountants and investors.
Data handling and security
Lawyers hold sensitive documents that attract cyber attacks and require proper retention and secure sharing.
How to check: Ask how documents are stored, transferred and deleted, and whether subcontractors can access them.
Comparison
| Situation | Typical treatment | What to ask |
|---|---|---|
| Lawyer acts for both sides in a dispute | Usually prohibited because interests directly oppose | Whether any exception exists locally and why it would be safe |
| Lawyer acts for two clients in the same transaction with aligned interests | Sometimes allowed with informed consent in writing | What happens if interests diverge during the matter |
| Lawyer previously acted for the opposing party | May be barred if holding relevant confidential information | What information they hold and what protections exist |
| Lawyer has a personal or financial interest in the matter | Usually requires disclosure and often disqualifies | What the interest is and how they will protect your interests |
| Same firm, different offices or teams | Information barriers may be accepted in some systems | Whether those barriers are recognised where your matter sits |
Decision worksheet
Rate up to three options against this guide’s own criteria. It runs in your browser and saves only on this device. It is a thinking aid, not a recommendation.
1. Have you checked each criterion?
0 of 6 criteria checked.
2. Compare options (0 = fails or unknown, 3 = meets it well)
| Criterion | |||
|---|---|---|---|
| Conflict check before engagement | |||
| Nature of any conflict | |||
| Informed consent and safeguards | |||
| Scope of confidentiality | |||
| Privilege and how to preserve it | |||
| Data handling and security | |||
| Total (max 18) | 0 | 0 | 0 |
Questions to ask before you commit
- Have you carried out a conflict check using the names of everyone involved?
- Do you act or have you acted for any party connected to my matter?
- If a conflict emerges later, what will you do and what happens to my file?
- How do you protect confidential information inside the firm?
- What are the exceptions to confidentiality in my jurisdiction?
- How should I share your advice with colleagues, funders or advisers without waiving privilege?
- Who else, including contractors or software providers, can access my documents?
Typical trade-offs
Accept a lawyer with a manageable conflict versus find another
- Upside
- You may secure the specialist you most want, with safeguards documented.
- Downside
- Residual risk of divided loyalty or later disqualification, which wastes time and cost.
Share everything early versus disclose in stages
- Upside
- Full disclosure lets the lawyer give accurate advice from the start.
- Downside
- If you share with a firm that later cannot act, they may be conflicted out by what they learned.
Use one firm for related matters versus separate firms
- Upside
- Continuity and shared knowledge reduce duplication.
- Downside
- If interests diverge, for example between a company and its directors, one firm may be unable to act for all.
Common mistakes
- Giving partial party names for the conflict check, then discovering the firm acts for an affiliate. List parent companies, subsidiaries and key individuals.
- Forwarding legal advice to a wide group, which may waive privilege. Limit circulation and ask how to share safely.
- Assuming everything said to a lawyer is untouchable. Exceptions exist, including for ongoing crime or fraud in some systems and statutory reporting duties.
- Using an informal chat with a friendly lawyer as if it were a formal engagement, without clarifying who is the client.
- Not asking what happens to your file if the firm must stop acting. Request prompt, orderly return of documents.
Related questions
Can a lawyer act for me if they previously represented the other side?
It depends on the jurisdiction and facts. Many systems prevent a lawyer from acting against a former client in the same or a substantially related matter, or where they hold confidential information that could be used to the former client's disadvantage. Some allow it with the former client's consent or with information barriers. Ask the lawyer to explain the basis for acting; a transparent and cautious explanation is more reassuring than a casual assurance.
What is legal professional privilege?
It is a rule in many common-law systems that protects confidential communications between lawyer and client made for legal advice or for a pending dispute from being forced into evidence. Its scope varies: some systems distinguish advice privilege from litigation privilege, and in-house counsel are treated differently in some places. Sharing privileged material outside the protected circle can lose the protection, so ask how to circulate advice safely.
Does confidentiality stop my lawyer reporting suspicious activity?
Not entirely. Many countries impose anti-money-laundering and similar reporting duties on lawyers in certain activities, such as property transactions and handling client money, and these can override confidentiality in limited ways. Those rules are narrow and vary by jurisdiction. A lawyer should be able to explain, in general terms, which exceptions apply and how they affect what you tell them.
What if my lawyer discovers a conflict halfway through?
A responsible firm should tell you promptly, explain whether it can continue with consent and safeguards, or whether it must stop acting. If it must withdraw, you are generally entitled to have your file returned and reasonable help to transition, though deadlines still apply. Ask what the firm will do about costs already incurred; practice varies, and a firm withdrawing because of its own conflict is often expected to take that into account.
Are chats with a lawyer on messaging apps confidential?
The legal duty applies regardless of channel, but the practical security does not. Consumer messaging tools may lack the access controls, retention rules and audit trails firms need, and shared devices or family accounts can expose content. Ask which channels the firm uses for sensitive material and whether it provides a secure client portal. Avoid sending sensitive documents through unsecured email attachments if a portal is available.
Sources and further reading
These pages were reachable when we last checked. They informed definitions and rules referred to above; they do not endorse this guide. Where rules differ by country, check the authority for your location.
- Code of Conduct for Solicitors, RELs and RFLs — Solicitors Regulation Authority, retrieved 27 October 2026
- International Bar Association — International Bar Association, retrieved 27 October 2026
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