Rule 114 regarding solicitor conflicts: If you believe the client's interests may conflict with instructing solicitors, what must you do?

• A. Advise the instructing solicitor; if they do not agree to advise the client, seek to advise the client in the presence of the instructing solicitor.
• B. Do nothing.
• C. Withdraw from the case.
• D. Inform the court.

Answer: (A)

When there may be a conflict between the client’s interests and the instructing solicitor, the priority is to address that conflict openly and safeguard the client’s ability to understand their position. The duty is to flag the potential issue to the instructing solicitor and offer to provide independent advice to the client. If the instructing solicitor does not agree to arrange such independent advice, you should still seek to advise the client in the presence of the instructing solicitor. This arrangement helps ensure the client receives proper guidance, preserves confidentiality and privilege in communications, and reduces the risk of conflicted representation.