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Conflict of interest?

Acting for H&W, marriage in trouble

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I act for H and W.  The W has confinded to me that he is not a nice person (works 6 days a week, spends weekends keeping fit with mates, does not speak to her, is mean) and there might be a separation or divorce accompanied by property dispute.  What shall I do?

 

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24th Mar 2019 14:09

1. Take what she says with a pinch of salt and make your judgement of H’s character on the basis of your own interactions.
2. Carry on as normal
3. In the event of a separation which pits one party against the other, express to them a potential conflict of interest for you.
4. Offer to continue acting for one and disengage from the other.

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25th Mar 2019 09:45

"there might be"

crikey, I have enough issues with what does occur, rather than those which have yet to occur. Who knows what goes on, behind closed doors?

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25th Mar 2019 09:45

Run off with the wife who obviously likes you

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25th Mar 2019 09:46

Seriously. it's not a problem until it's a problem

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25th Mar 2019 13:42

Completely agree with @bernardmichael, worry about it if it happens. She's clearly venting but it may come to nothing and you're only hearing one side of the story. Don't get sucked in.

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By Mr_awol
to Slim Freddie
25th Mar 2019 14:22

Quote:

She's clearly venting

Whilst I agree with your post generally, this idea of it being ok to slag off your significant other to your mates/neighbours/accountant/FaceBook/anyone-who-will-listen and dismiss it as 'venting' is somewhat alien to me.

People should not try to excuse their disrespectful behaviour in this way. How about they go home and speak to their partner instead.

Rant over (or am I just venting?)

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to Mr_awol
26th Mar 2019 10:24

meanwhile... back in the real world.

To the OP... don't get involved. Keep good file notes of ALL conversations with them both and wait to deal with the fall out if it happens.

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25th Mar 2019 15:14

Just start being extra careful about any things that you previously dealt with as joint assets/balances.

Thanks (4)
to Red Leader
25th Mar 2019 15:37

And, being (very) serious, don't get caught alone, with either party. You'd be surprised at some of the allegations, which come from those who are "venting".

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26th Mar 2019 10:09

Do you act regarding their personal tax advice or for them as joint directors of a company? Or both?
And surely this is a legal issue even though finance may come into it?

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26th Mar 2019 10:33

Advise them to move any [***] pregnant with cgt in the same tax year between separation and 5/4 to avoid any unexpected large liabilities. If they/you lucky separation will be 7/4 not 31/3 then you are stuffed....

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26th Mar 2019 11:25

Just accept that eventually, you will lose both of them as clients.
Neither of them will ever accept that you are not taking sides even if you are being scrupulously impartial.
Been there many times!

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