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Hello,
I have been experiencing issues which have required dealing with a third party's solicitor. I am suspicious that a Conflict of Interest exists and would appreciate some guidance.
I was contacted by Solicitor ALPHA who indicated that they were representing Mr RED, Mr GREEN, and Mr BLUE. We corresponded on the issue for over a year without any progress, and despite many threats from Solicitor ALPHA the correspondence ceased without resolution about a year ago.
About 6 months ago I was then contacted by Solicitor BRAVO who indicated that they represented Mr BLUE only, and explicitly not Mr Red or Mr GREEN. Again we corresponded and some minor progress has been made, but nothing significant.
I have just been contacted by Solicitor ALPHA again, who now claims to represent Mr RED and Mr GREEN. No mention of MR BLUE is made.
My problem is that as Solicitor ALPHA has a duty towards Mr BLUE I cannot deal in any confidential manner with Solicitor ALPHA as if my solution offered is in the interests of Mr RED and Mr GREEN but against the interest of Mr BLUE, Solicitor ALPHA is bound to represent Mr BLUE's interests even if it is in the interest of Mr RED and Mr BLUE.
This appears to be a conflict of interest for Solicitor ALPHA who cannot represent a subset of the original three.
Have I interpreted this correctly?
If so, how do I deal with Solicitor ALPHA? Is it necessary to ask them the "Recuse" themselves? If they do not should I report them to the SRA for a ruling?
Any advise appreciated.
BTW: Merry Christmas
Update: Solicitor ALPHA has now confirmed that they no longer represent Mr BLUE. Considering that Mr BLUE has had enough differences to justify dismissing Solicitor ALPHA and appointing Solicitor BRAVO, I cannot see how this can possibly be permitted under "Conflict of interest" segments of the Code. Can anyone give an opinion?
I have been experiencing issues which have required dealing with a third party's solicitor. I am suspicious that a Conflict of Interest exists and would appreciate some guidance.
I was contacted by Solicitor ALPHA who indicated that they were representing Mr RED, Mr GREEN, and Mr BLUE. We corresponded on the issue for over a year without any progress, and despite many threats from Solicitor ALPHA the correspondence ceased without resolution about a year ago.
About 6 months ago I was then contacted by Solicitor BRAVO who indicated that they represented Mr BLUE only, and explicitly not Mr Red or Mr GREEN. Again we corresponded and some minor progress has been made, but nothing significant.
I have just been contacted by Solicitor ALPHA again, who now claims to represent Mr RED and Mr GREEN. No mention of MR BLUE is made.
My problem is that as Solicitor ALPHA has a duty towards Mr BLUE I cannot deal in any confidential manner with Solicitor ALPHA as if my solution offered is in the interests of Mr RED and Mr GREEN but against the interest of Mr BLUE, Solicitor ALPHA is bound to represent Mr BLUE's interests even if it is in the interest of Mr RED and Mr BLUE.
This appears to be a conflict of interest for Solicitor ALPHA who cannot represent a subset of the original three.
Have I interpreted this correctly?
If so, how do I deal with Solicitor ALPHA? Is it necessary to ask them the "Recuse" themselves? If they do not should I report them to the SRA for a ruling?
Any advise appreciated.
BTW: Merry Christmas
Update: Solicitor ALPHA has now confirmed that they no longer represent Mr BLUE. Considering that Mr BLUE has had enough differences to justify dismissing Solicitor ALPHA and appointing Solicitor BRAVO, I cannot see how this can possibly be permitted under "Conflict of interest" segments of the Code. Can anyone give an opinion?
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