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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11550
Experience:  30 years as a practising solicitor.
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I am in the process of choosing a solicitor for a potential

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I am in the process of choosing a solicitor for a potential action in Scotland.

When engaging the solicitor, what do I do to ensure there is no-conflict of interest.

Is there an agreement that would stop the solicitor or somebody in the solicitors office tipping off the other party in advance if they knew them?
Thank you for your question.

You can ask the solicitor to do a conflict search of his records. This is very common nowadays and most good solicitors will do this before opening a file.

As far as tipping off is concerned, this would not be allowed professionally and could end up being severely dealt with by the Scottish Legal Complaints Commission. However, you know and I know that in small communities there is a risk of this. You might want to instruct a solicitor outwith the immediate area or even a larger firm where the risk of a leak is less.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
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