Corporate Counsel - The Verdict: No end to conflict unrest
While City firms push for liberalisation on conflict rules, clients remain uneasy about the pressure from private practice to push the ethical envelope. Michelle Madsen reports on the findings of this month's The Verdict survey
November 29, 2006 at 07:03 PM
5 minute read
City firms may be intent to push for more flexible rules governing conflicts but they are doing so without the support of the majority of their clients, according to new research.
This month's The Verdict survey of senior in-house lawyers illustrates that corporate counsel remain considerably less relaxed about their advisers' handling of potential conflicts and confidentiality risks than firms themselves admit.
The poll of corporate counsel's attitudes to conflicts found that nearly nine out of 10 in-house lawyers regard the matter as a significant issue, including 22% citing 'great concern'.
The survey also suggests that clients are, at best, ambivalent regarding their advisers' handling of conflicts and confidential issues. Sixty-five percent of respondents said they trusted their current advisers 'to a certain extent' not to act in conflict with their interests, although 35% were confident their advisers would always guard their interests.
Likewise, 72% of clients said they had witnessed occasional cases of law firms acting in a conflict of interest, with 4% claiming to have seen such breaches occur 'often'.
National Grid general counsel Helen Mahy said City firms are pressing to leave as many doors open to new business as possible. "I have noticed it getting a lot more difficult when we tender. We want firms to act for us exclusively – they try to keep their options open."
To some clients, this sort of behaviour is simply unacceptable. Geoff Atkinson, head of legal at Monarch Airways, said:
"Accepting instructions or continuing to act when aware of the possibility of conflict is a product of greed or self-interest. A lawyer in such a situation is either incompetent, dishonest or both – and should be subject to a penalty."
While few take such an uncompromising view on the matter, the majority express unease at the willingness of advisers to push the envelope of acceptable behaviour regarding potential conflicts or risks of confidential information being passed on.
Jonathan Peplow, a senior lawyer with HSBC, said: "Law firms as a whole need to take a long hard look at the way they conduct themselves in this area, and be more transparent and open."
A similarly jaded view comes from Canary Wharf group legal counsel Martin Potter, who observed that he has "never found that Chinese walls are effective to resolve a conflict".
In addition, corporate counsel have noticed little change in adviser behaviour since the Law Society this April introduced its long-awaited revision of ethical rules governing conflicts and client confidentiality. The majority of respondents said the new rules had made little or no difference, while only 9% reported being asked for written consent to accept multiple roles under the rules.
The research was conducted before it emerged last week that a group of City law firms had successfully lobbied to change Law Society guidance to make it easier to win client consent in some cases of potential conflict. The controversial revision effectively allows advisers to obtain consent in their engagement letters, allowing them to trigger exemptions in the rules to ban law firms acting in cases of potential conflict.
One associate general counsel with a major professional services firm, argued that the current controversy over conflicts need a clearer lead from regulators. "It is important that the Law Society develops a strategy for addressing conflicts that enables large firms to apply information barriers that work, while at the same time retaining sanctions to support clients who may feel prejudiced. There is a need for rules that balance adequately the interests of large law firms and their clients, with consistent enforcement."
Anthony Hobley, legal head at carbon trading company Climate Change Capital, explained the difficulty of dealing with conflicts in an emerging sector. "Because of the limited number of firms that have expertise in climate change, we run into both legal and commercial conflict time and time again. We want to use the best and it is a balance between getting the best people for the job and managing any conflicts – if I trust the lawyers I am working with, I will be flexible."
He added: "Conflict should be reasonably robustly regulated but choice should not be removed from the client."
A desire for a degree of autonomy in this matter is widespread among in-house lawyers, with many arguing that while they do not view conflict situations favourably on the whole, they would be prepared to negotiate if they were kept informed.
Mahy summed up the argument with her personal view: "Advisers will find me as reasonable as I can be. I expect to be an important client to them and to be treated as such."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBroadcom Hires From Nuclear Giant to Appoint French Legal Head
GCs Say They are Getting 'Edged Out' of UK Boardrooms
'I Won’t Name the Firm, But...'—Barratt Redrow's Legal Head on External Counsel Red Flags
Trending Stories
- 1High-Low Settlement Agreement 'Does Not Alone Establish Bias:' State High Court Affirms $20M Med Mal Verdict
- 2NYAG Preparing to Withdraw From Defense of Four Correction Officers' Federal Lawsuits
- 32 Judges: Meet the New Chief Justice and the GC Who Just Rose to the Bench
- 4Holland & Knight Matches Milbank Bonuses for Some Associates
- 5Akin Promotes Record Number of Lawyers to Partner
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250