For some time, solicitors have had to balance the need to act in the best interests of their clients, while at the same time avoiding potential civil liability.
For example, failing to comply with a client’s instructions may risk the solicitor being in breach of both his contractual obligations to his client (including his duty of confidentiality) and his professional duties. Conversely, if he follows his client’s instructions where a third party is beneficially entitled to the monies transferred, the adviser may, where ‘dis-honest assistance’ can be shown, be held to have accessory liability as a constructive trustee.
