Avoiding conflicts of interest in client representation
Launch library · evergreen read
A practitioner representing two clients with overlapping or competing interests carries an obligation to recognise the conflict early, rather than waiting until a decision made for one client visibly and awkwardly disadvantages the other party without warning, however carefully the original plan was put together.
Some conflicts are obvious from the outset, direct competitors seeking the same representation from the same firm, while others are far subtler, a personal financial interest, a family connection, or a prior relationship that quietly shapes advice without anyone ever naming it aloud, even when there is no obvious immediate consequence for skipping it.
The professional response is disclosure followed by a genuine choice among real options, either declining the work outright, building clear boundaries between teams handling each account, or letting the affected parties decide for themselves with full information rather than partial, convenient silence, especially once a story has already begun spreading on its own.
Avoiding the conversation because it feels awkward or commercially inconvenient at the time tends to cause far greater damage later, once a conflict that was once quietly known becomes a conflict that is publicly and painfully discovered by someone else, regardless of whether leadership is paying close attention that week.