The Ethics of Giving Advice | Avoiding Conflicts of Interest

7th July 2022 | 12:30-14:00 | Online | CPD: 1.5h

Insolvency Practitioners face an inherent conflict of interest in giving advice to an individual or company before accepting a subsequent appointment as office holder. We need to find an approach that allows us to build a relationship with a prospective appointment, while ensuring that they understand the consequences of that very appointment and our role once formally in office. 

Concentrating on issues commonly identified by the IPA Regulation and Monitoring team, this session looks at how to get your approach to giving advice in insolvency right.  

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In this session we will consider:

  • The various scenarios in which we may act as adviser
  • Understanding the client relationship and when we move from adviser to office holder
  • The implications of that move for all stakeholders
  • Overview of the regulatory guidance in respect of this issue
  • Issues arising and how to tackle them
  • The role of the Insolvency Code of Ethics in framing our approach 
  • Treatment of pre-appointment fees
  • Getting it right vs getting it wrong