A solicitor may act for both the insurer and the insured provided that there is no conflict of interest.\u00a0 There may however be instances where issue of questions of conflict may arise in acting for both insured and insurer.<\/p>\n
If the risks are clearly covered, the solicitor may act for both insured and insurer.\u00a0 If there is a denial of coverage, there is a clear conflict.\u00a0 Where there is dispute about coverage there will generally be a conflict depending on the circumstances.\u00a0 Where the question of coverage is reserved, there is a risk of conflict.<\/p>\n
Where there are relatively few solicitors with the requisite expertise and client are willing to accept the potential conflict, different parts of larger firms or branches of firms may act.\u00a0 So called Chinese Walls involve controls on information flow and monetary measures.\u00a0 In the UK they are accepted in certain cases as sufficient to avoid conflict.<\/p>\n\n
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Authority The solicitor client relationship is based on contract.\u00a0 It also has an agency element.\u00a0 Furthermore, the solicitor is a fiduciary in relation to his clients and is restricted from taking advantage of his position or acting in conflict of interest. The scope of a solicitor’s authority is defined by the general law of agency.\u00a0 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[308],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29590"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=29590"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29590\/revisions"}],"predecessor-version":[{"id":30051,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29590\/revisions\/30051"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=29590"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=29590"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=29590"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}