Skip to content

The Nairobi Code: CONFLICTS OF INTEREST

Model Rules of Ethics for Legal Advisors in Refugee Cases

5 CONFLICTS OF INTEREST

5.1 Advisors shall not provide services to any prospective client where the advisor has a direct financial or personal interest that is opposed to the client’s interests.

5.2 Advisors shall not offer services to any prospective client where another client of the same advisor has interests that are opposed to the prospective client’s interests.

5.3 Where two clients of the same advisor develop a conflict of interests after the beginning of an advisor-client relationship, and where local ethical or professional standards would permit, the advisor shall seek to refer one or both of them to alternative advisors immediately.

5.4 Where advisors have a personal relationship with the client that could interfere with his or her exercising objective judgment, the advisor shall seek to refer the client to an alternative legal advisor, if available.

5.5 Where Rule 5.3 or 5.4 applies and alternative legal advisors are unavailable, an advisor may assist clients where a conflict of interest exists only after clearly and explicitly notifying the clients of the conflict and its potential consequences, and after seeking ways to limit the scope of representation so as to minimize conflicts.

Return to the Nairobi Code index

%d bloggers like this: