Conflict Register
Record, track, and manage all conflict of interest checks — the evidence trail that protects the firm.
Overview
A conflict of interest check is not just professional best practice — in most jurisdictions it is a regulatory obligation. When a firm takes on a new client, accepts a new matter, hires a lateral attorney, or identifies a new opposing party in litigation, it must check whether acting would create an impermissible conflict with existing or former clients. Failing to check — or failing to have evidence that a check was conducted — exposes the firm to professional conduct complaints, indemnity claims, and in serious cases, disqualification from acting.
The Conflict Register provides a permanent, auditable record of every conflict check conducted by the firm: who checked, when, against which parties, what the outcome was, and — where a conflict was identified — whether a waiver was obtained and from whom. It is the documentary evidence that the firm's conflict procedures were followed.
Check Types
New Client
Conducted before accepting instructions from a new client. Checks whether the proposed client is adverse to any existing client, or whether the firm has previously acted against the proposed client.
New Matter
Conducted before opening a new matter for an existing client. The matter may involve new parties — opposing parties, companies, or individuals — who may conflict with other existing matters or clients.
Lateral Hire
Conducted when recruiting a new attorney or senior fee-earner. The lateral hire brings knowledge of their former clients — some of whom may be adverse to the firm's existing clients, creating imputed conflicts.
Opposing Party
Conducted when a new opposing party is identified in a matter mid-stream. In litigation, parties are not always known at the outset and may be joined later. Each newly identified adverse party triggers a fresh conflict check.
Periodic Review
Routine firm-wide conflict review, typically conducted annually or when the firm undergoes significant changes (merger, major new client, change of practice area). Identifies conflicts that may have developed over time.
Other
Any conflict check that does not fit the above categories — for example, a check triggered by a referral arrangement, a new funding arrangement, or a judicial appointment.
Conflict Outcomes
Clear
No conflict found. The firm can proceed with the matter or engagement without restriction. The clear outcome is documented and the file can be opened.
Conflict Found
A conflict has been identified. The firm must either decline to act, cease acting on the conflicting matter, or — if the rules permit — seek informed consent waivers from all affected parties.
Waived
A conflict was identified but all affected parties have provided informed written consent to the firm continuing to act. Waiver details — who signed, the date, and the scope of the waiver — are recorded in the register.
Pending
The check has been initiated but not yet completed. The matter should not proceed until a definitive outcome is recorded. Pending checks are highlighted in the register for follow-up.
Recording a Conflict Check
Open Conflict Register and click + New Check
Click Conflict Register in the sidebar under Firm Operations. Click + New Check to open the check form.
Enter the party being checked
Enter the name of the primary party being checked (the proposed new client, the new opposing party, or the lateral hire). Enter the opposing party name where applicable — this is the party on the other side of the matter.
Link to a matter (if applicable)
If the check relates to a specific existing matter, link it to that matter. For new client checks before a matter is opened, leave this blank — you can link the matter retroactively once it is opened.
Select the check type
Select New Client, New Matter, Lateral Hire, Opposing Party, Periodic Review, or Other. This drives the register category and reporting.
Record the outcome
Select Clear, Conflict Found, Waived, or Pending. If Conflict Found, document the conflict details — which existing client or matter is affected and why a conflict arises. If Waived, record who provided the waiver, the date, and attach the signed waiver document.
Save
Save the record. The check is timestamped with your user ID and the current date, creating an immutable audit entry.
Conflict check discipline
- • Run a conflict check before opening every new matter without exception. "I know this client well, no need to check" is not a defensible position. The obligation is to check; the outcome is secondary.
- • Record the check immediately — not after the file is opened, but before. If a regulatory complaint is made, the date-stamped check record is your evidence that the procedure was followed before acting.
- • For waiver situations, get informed written consent before proceeding — not a verbal agreement, not an email that says "fine". A waiver that doesn't meet the required formalities is no waiver at all. Attach the signed document to the conflict register record.
- • Train every new attorney in the conflict check procedure on their first day. A conflict created by a junior who didn't know the protocol is still a conflict — and the firm bears the consequences.
- • When a lateral hire is made, run conflict checks across the entire client list they bring from their former firm. This is the highest-risk conflict check scenario — the consequences of missing an imputed conflict can include disqualification from acting in matters already underway.
Frequently Asked Questions
Can I search the register for a party name to check for previous conflicts?
Yes. The search bar at the top of the Conflict Register searches across party names, opposing party names, matter names, and conflict details. Searching for a client or company name before opening a new matter is good practice — it surfaces any previous conflict checks involving that party and provides context for the new check.
How long should conflict check records be kept?
Indefinitely, or for the period required by your jurisdiction's records retention obligations (typically the longer of 7 years or the limitation period for professional negligence claims). FRITH does not automatically delete conflict records — they are retained permanently unless an administrator explicitly deletes them.
Can I attach supporting documents to a conflict check record?
Yes. Each conflict check record has a file attachment field. Attach the signed waiver document for Waived outcomes, and any supporting analysis or correspondence that explains the conflict determination for Conflict Found outcomes. Attachments are stored in the firm's secure document store.
Are conflict check records included in reports?
Yes. The Reports module includes a Conflict Check Activity report showing all checks by period, check type, and outcome. This is suitable for inclusion in annual compliance reports, quality audits, and law society inspections.