David Hodson on International Family Law: No conflicts please; we are English and we are regulated

Recent guidance from the English solicitors' regulatory authority has caused a review of practice on issues of conflicts of interest which may be particularly pertinent in international cases.

Making sure there is no conflict of interest is fundamental and distinctive to the professions. Other commercial walks of life can fudge these fundamentals and skirt around the ethical edges in ways which customers and clients often do not appreciate or realise. But not the professions. We must refuse to take instructions where not only there is a conflict of interest but often where there could be a perceived conflict.

In family law potential conflicts are quite frequent. Although there are usually only two parties there is often only a relatively small pool of potential lawyers. In any high street town or city the acknowledged specialists are likely to be consulted. In any sector of society whether faith-based particular community groups ...

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