Conflicts of Interest in Spanish Legal Practice

Concept and Types

A conflict of interest exists when a lawyer has or may have interests ( personal or of other clients ) that oppose or are incompatible with those of the current client. The EGAE 2021 distinguishes current conflicts, potential conflicts and personal conflicts.

Mandatory Conflict Check

Before accepting any engagement, lawyers must verify whether a conflict exists. In multi-lawyer firms, the conflict check must be systematic, reviewing all current and past matters. Failure to maintain a detection system does not excuse liability.

Information Screens (Chinese Walls)

In some cases, conflicts may be managed through information barriers: physical and electronic separation between teams acting for different parties, with prohibitions on communication about the matter. This requires informed consent from all parties and verifiable organizational measures.

When Withdrawal is Mandatory

Withdrawal is required when a current conflict cannot be managed through screens, when the client does not consent, or when the disclosure needed to obtain consent would harm another client.

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