In recent months adverse comments have been made as to the way in which larger law firms deal with potential conflicts of interest. It has even been suggested that firms disregard conflicts rules or behave in a cavalier fashion. But to truly understand the situation, it is necessary to examine what the rules are designed to prevent and whether they take into account the modern realities of business.

General counsel then has to decide if the price of gaining access to lawyers with the necessary expertise is the acceptance of potentially conflicting roles and, if so, how difficulties can be mitigated.