Our conflicts management policy is aligned to the one featured in the outside counsel policy of some of the most sophisticated organizations globally, in whose preferred counsel list we have been accepted.
We firmly believe in unconditional allegiance to the client over any other interest; even to our own interest. But we need to ensure that conflicts will not arise during the term of our engagement. That’s why, before accepting a case, we control not only for known and actual conflicts of interest, but also for potential conflicts of interest, i.e. when our representation of a client although not initially adverse to the client’s interests has the potential during the course thereof to become adverse. Actual and potential conflicts of interest are treated the same and are always disclosed to the client in advance of accepting instructions.
Representing significant competitors
We treat as conflict the fact that we may be already representing a significant competitor of a proposed client that seeks to engage our services. We will not seek a conflicts waiver from the proposed client in such case, as this may entail the disclosure of the identity of the significant competitor who is our client. Concurrent representation of a significant competitor will result in us declining the engagement.
When we are called to represent more than one party in a single matter we will always evaluate whether proprietary or confidential information of a proposed client might during the representation be disseminated to jointly represented clients, as well as the likelihood for adversity among the proposed clients. We will only accept engagements for multiparty representations where the potential for adversity is remote and where all parties agree in advance that in the event of a conflict we will be able to withdraw completely from the case or represent just one of the parties involved.
Representing clients in insolvency proceedings
When representing a creditor or party-in-interest in connection with insolvency proceedings we do not concurrently represent other creditors and parties in interest in the case, unless such parties are similarly situated to our initial client and the representation does not result in positional adversity to our initial client.