Acting for family and close friends is not prohibited by the Conduct Rules. However, a solicitor must consider whether they can comply with the requirement in Rule 4 to maintain their professional independence, and the requirement in Rule 12 to avoid any conflict between the interests of the client, and the interests of the solicitor and their associates (which includes the solicitor’s family). A solicitor may also be a witness and therefore potentially breach Rule 27.

Some matters may be more procedural and therefore less likely to involve a conflict e.g. conveyancing. Other matters will be more emotional and detailed, therefore more likely to involve a conflict, both in relation to procedures undertaken and outcome sought.

In all matters, it is important for the solicitor to consider the likelihood of conflict particularly carefully. The solicitor must also ensure that they are acting within the authority of their practising certificate e.g. corporate certificates, restricted certificates.

Legal issues, especially litigation, are not predictable and can be fraught with emotion. There can often be an appearance of conflict. In many instances, it will be more helpful to refer family and friends to another solicitor, even if they will need to pay fair and reasonable costs.