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Glossary

Conflict check

A conflict check is the search a firm runs before taking on a new client or matter, to confirm that acting would not create a conflict of interest. It compares the new client, the other parties and related people or companies against the firm's current and former clients and matters. The Australian Solicitors' Conduct Rules, which apply in Victoria under the Uniform Law, restrict acting where duties to current clients, confidential information held for former clients, or a solicitor's own interests conflict. Accountants in public practice have similar duties under the APES 110 Code of Ethics. Typically, a clear result is recorded on file and a possible conflict goes to a partner to decide.

Also called Conflict of interest check, Conflicts search

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Example

In a law firm

For example, a website enquiry arrives from a tenant wanting advice on a lease dispute. Before a meeting is booked, the firm searches its practice management system for the tenant, the landlord and the landlord's company. The landlord's company is a current client, so the enquiry goes to a partner instead. A client intake agent can run these searches, with a person making the decision.

This is general information, not legal advice.

Guides that explain it in context

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