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Review Your SQE 1 Practice Records

Examination Timing: 00H01M14S

You are acting for Jane, a client involved in a competitive bidding process for a large bakery. You are engaged to carry out due diligence of the bakery to identify potential legal risks. Another client, Tom, approaches you, also wishing to bid for the same bakery.

Which of the following answers best describes how you should proceed?

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Your selected option: D

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You might be able to act for the second client as well, provided that your firm puts in place adequate safeguards, obtains consent to act from both clients, and deems it responsible to act with such safeguards in place. The SRA Code of Conduct acknowledges that a substantial risk of conflict of interest exists in such scenarios. However, under limited circumstances, the firm can act for both clients if it ensures compliance with the rules, particularly those set out in Part 6.2 of the SRA Code of Conduct. This includes establishing effective safeguards to protect client confidentiality (e.g., a Chinese wall), obtaining informed consent from both clients, and ensuring it is reasonable to act for both given the circumstances. 

Key Point: The SRA Code of Conduct allows for acting in potential conflict situations if adequate safeguards are in place, informed consent is obtained, and it is reasonable to act for both clients.

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