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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10596
Experience:  Barrister 17 years experience
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Is there a conflict of interest if the solicitors

Resolved Question:

Is there a conflict of interest if the solicitors partnership that the partner of my niece is a practicing solicitor at becomes involved in a Will dispute that puts my nieces mother and I on different sides.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Yes, there is a conflict of interest here, as the firm cannot properly represent you if the family of a solicitor practising there are opposing you in litigation or in a dispute. The ambit of the fiduciary duties owed by a solicitor include interests they may have via family members. Whilst this firm might suggest they set up a Chinese wall to protect against disclose to this practising solicitor, you are better off take your business elsewhere or get someone else to represent you. This is because you will not get a high level of service where one solicitor in the firm has family commitments and interests which conflict with your best interests.
Customer: replied 1 year ago.
Thanks, ***** ***** response. I can see I'm better of taking my business elsewhere. What about them representing my sister? Is that okay.
Expert:  Buachaill replied 1 year ago.
2. What sort of dispute is your sister involved in? And with whom?
Customer: replied 1 year ago.
She is disputing the validity of our mothers will. This is largely because of the life interest trust, of which I am life tenant, for the half of the house owned by our mother. I own the other half. My sister is a beneficiary and will get her part of the estate when I die or cascade down to her children if my sister dies before me.
Expert:  Buachaill replied 1 year ago.
3. What is the relationship between your niece and your sister? Are they mother and daughter or are they different families? It is getting confusing. If this nniec
Expert:  Buachaill replied 1 year ago.
3. What is the relationship between your niece and your sister? Are they mother and daughter or are they different families? It is getting confusing. If this nniec
Customer: replied 1 year ago.
Mother and daughter.
Expert:  Buachaill replied 1 year ago.
4. There is no difficulty with your sister being represented by the firm in which her daughter's partner works as their interests are aligned in this situation. Additionally, you cannot object to your sister being represented by her daughter's partner. However, you should immediately take your business elsewhere.
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