The Exceptions to the Conflict of Interest for Attorneys in Principle and in Practice

Abstract

The system of activities and legal relationships that are incompatible with the profession of attorney appears to follow a set of solid principles and regularities. In the period following the change of regime, the range of exceptions to the conflict of interest for lawyers has gradually expanded and there are now almost thirty activities and legal relationships which can be carried on by attorneys in addition to, or, where appropriate, as part of their activities in the strict sense of the word. I therefore examine the exceptions to the conflict of interest for lawyers in the light of the classic principles of the legal institution, particularly in view of the fact that the grounds for conflict of interest often appear to lawyers to be an unjustified restriction or, at least on the face of it, contrary to the logic of fair competition. The analysis shows that the exceptions to the conflict of interest grounds for attorneys, which are laid down in specific rules, call into question, to varying degrees, all the principles underlying the conflict of interest grounds.