Management of Conflict of Interest Situations

Any member of the firm asked to accept instructions on a new matter must first determine whether these exist:

  • a professional conflict
  • a firm conflict
  • a commercial conflict; or
  • confidential information issues.

No work can be commenced until a conflicts approval has been given.

The procedures as set out in the Govender Law practice manual for carrying out conflict searches and for the approval of new matters must be followed.  The conflict search is then sent to the requesting director which identifies all the conflict issues identified.

It is the responsibility of the relevant requesting director to satisfy themselves as to the result of the conflict search and to establish that there is no conflict or serious risk of conflict of any kind. 

If it appears that a professional or commercial conflict, or a confidential information issue, exists or might arise, it will be necessary before accepting instructions on a matter to decide whether the matter is one which can, within the law and the professional rules, be handled with agreement of either or both clients and, if so, whether this is practical.

For further information regarding the above, please contact our practice manager.