UK Lawyers Punished By Clients For Acting For Rivals

by Robin Pilgrim, LawAndTax-News.com, London

07 November 2003

Responding to the latest EJ Legal/Legal Week Big Question survey, 66% of the UK lawyers questioned revealed that clients had decided to send work elsewhere when their law firms took on work from their rivals.

However, this attitude was largely supported by the more than 100 respondents, 58% of whom believed that lawyers should refrain from advising their clients' close competitors, and 88% of whom felt that a law firm should never act directly against an existing client.

Corporate partner at Travers Smith Braithwaite, Charles Barter suggested to Legal Week that the matter is more a question of professional etiquette than ethics, and explained that many businesses are less concerned if they have been informed of the potential conflict:

"There are some companies, like Pepsi and Coca-Cola, that certainly do not let you, but most of them do not mind as long as you let them know."

However, corporate head of Linklaters, David Cheyne disagreed, suggesting to Legal Week that:

"If you get involved in a commercial conflict where there is litigation, then the client will always punish you."

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