How do I carry out a Conflict Check?

Introduction

Conflict checks must be carried out prior to opening a new file to make sure we are not acting on the other side and also that the Client doesn’t already exist on the system.  

This ensures that we comply with the Lexcel Rules and Regulations and that we do not have duplicate clients/entities on our system.

We must obtain the identity of the client and the identity of all other parties involved (where known).

Conflict Check Screen

When opening the conflict screen Partner defaults the system to search for all entities which are live and archived. 

• Ticking the "Matter Details" box only searches live entities/matters.
• Initial conflict checks should use the live and archived feature.

Accessing the Conflict Check screen

From the "Home" Tab select the "New Profile" 

Select the "Binoculars" icon from the Entity/Matter Profile screen to begin your search.

Conflict Checking Names/Entities

Due to existing migrations of systems and having various different formatting over the years, the best way to search Partner is as suggested below:-

Your first search should start by only using the following formats to produce the best results.

1.    Personal Searches - surname and forename (Williams John) John Charles Williams

Enter the surname of the entity followed by the forename in the “Name” field as illustrated below and press the "SEARCH" button.

John Williams might have a middle name but we do not put this in to the search field because he might already exist without the middle name and the results would not show him as he is known only on the system as John Williams. 

On this particular search of John Williams Partner has produced 99 records of possible conflicts.  

Look through the existing entities especially looking at the name/address/dob and email address. Sometimes the entity will already exist (in which case - use the existing barcode and update/amend details if necessary).

Sometimes the entity exists but with an old address, you can clarify this with the new Client/entity if they have ever lived at the address shown on the system to double check.  If so, mark it as previous and add your new current address.  Do not overwrite any addresses.  Please see IT guide named "How do I add a new address to an Entity?".

2.    Company Searches - enter the main part of the company name (Acorn) Acorns

       Charity Ltd. 

We do not put the whole of the company name in to the search field because they might exist already with varied formats of the same company. 

Look through the existing entities especially looking at the name/address/email address. Sometimes the company will already exist (in which case - use the existing barcode and update/amend details if necessary).

Sometimes the entity exists but with an old address, you can clarify this with the new Client/entity if they have ever lived at the address shown on the system to double check.  If so, mark it as previous and add your new current address.  Do not overwrite any addresses.  Please see IT guide named "How do I add a new address to an Entity?".

On this particular search of Acorn Partner it has produced 15 records of possible conflicts.  You can see that there are duplicate entities for Acorns Charity. 

Barcode ACORN4 is called Acorns

Barcode ACORN6 is called Acorns Childrens Hospice West Midlands

Barcode ACORN10 is called Acorns Children's Hospice Trust

They are all the same charity and should only have one barcode instead there are 3 in different formats.  Use the correct company registered name rather than alternatives.  

Conflict Checking Addresses (Conveyancing/Commercial)

If we have received instructions on a sale/purchase/re-mortgage for example, it is essential you ALSO do a conflict check against the property.  To do this untick the "Matter Details" tick box - this will allow access to the right hand side fields and in particular the description field.  With all other fields cleared - start a fresh conflict check as explained below.

Again with this type of search - little is more.  Enter part of the address example:- 56 Holbeach Drive/56 Holbeach/Holbeach/GL2 2BF.   If it already exists it will show up in the results section as illustrated above.

Confirming Conflict Checks have been done (required by Lexcel Rules and Regulations)

For every conflict check you do – client, other side, other parties, property etc we need to show that we have done the checks in the Lexcel Folder on the matter, once the conflict check has been done.

If there are no conflicts continue to open your client matter using the correct Formshare which can be found on your desktop in a yellow folder called "Formshare Forms".

When you are in the matter you will need to confirm that you have done the necessary conflict checks and carry out the following instructions:-

Insert the step “Conflict Check Done”.

Then select the “process this step” button.

You will be asked a series of questions (for Client at the moment you will need to select Other and type in Client) follow them through.  This is then sufficient proof of conflict checking for the Lexcel rules and regulations.

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