Conflicts of interest & confidentiality
Conflicts of interest and confidentiality are among the most heavily tested conduct topics. A solicitor must not act where there is a conflict, must keep client information confidential, and must make relevant disclosures - obligations that can pull in opposite directions.
What "Conflicts of interest & confidentiality" covers
- Own interest conflict: a solicitor must not act if there is an own interest conflict or a significant risk of one (no exceptions).
- Client conflict: a solicitor must not act where there is a conflict, or significant risk of a conflict, between two or more clients - unless a narrow exception applies.
- The two client-conflict exceptions are: (a) the substantially common interest exception, and (b) the competing for the same objective exception - each subject to safeguards (informed written consent, appropriate safeguards, and being satisfied it is reasonable to act).
- Confidentiality is a continuing duty (it survives the end of the retainer and the client's death) covering all client information, under the Code and the law.
- The duty of disclosure requires informing a client of all information material to their matter - but confidentiality to one client takes precedence over disclosure to another.
- Where confidentiality and disclosure conflict, a solicitor must not act for the client to whom disclosure is owed unless effective safeguards (e.g. an information barrier) and informed consent are in place.
- Confidentiality may be overridden where required or permitted by law (e.g. money laundering reporting) or to prevent serious harm.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For conflicts of interest & confidentiality, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Allowing the duty of disclosure to override confidentiality - confidentiality generally prevails.
- Applying the client-conflict exceptions to an own interest conflict; the exceptions do not apply to own interest conflicts.
- Forgetting that confidentiality continues after the retainer ends and after death.
- Assuming an information barrier alone cures a conflict without informed consent and adequate safeguards.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on conflicts of interest & confidentiality.
FAQ
Is conflicts of interest & confidentiality tested on SQE1?
Yes — conflicts of interest & confidentiality is part of the SQE1 Legal Services & Professional Conduct syllabus (FLK1) and can appear in single best answer questions.
How is conflicts of interest & confidentiality examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (Own interest conflict and client conflict (SRA Code paras 6.1-6.2), Substantially common interest exception) helps.