Using client-conflicts ethics rules as a tactical offensive weapon
may not be entirely new, but a
high-profile case out of the UK that
saw Slaughter & May oust Freshfields as the counsel of choice to
Philip Green (attempting to take over Marks & Spencer) may have staked
out new ground.
Noteworthy is that the court did not accept Freshfields’
"Chinese Wall" defense, essentially concluding that the appearance
of a conflict was insurmountable. (Freshfields had previously
done work for Marks & Spencer.)
As more and more clients seek advice from Magic Circle and other
top-flight UK firms, could this ruling provide an opening for US-based
firms’ London offices? The tactic may be nasty, but it may
also be effective.
