In the SRACC framework, when can the 'substantially common interest' exception to the conflict rule apply?

• A. Only if consent is given but there is no residency condition
• B. Only if there is consent and the parties have the same lawyer
• C. Only in commercial property transactions
• D. When there is a substantially common interest and the clients consent, with conditions including a standard mortgage for private residence, reasonable belief it is in the clients' best interests, and the title certificate in the approved form

Answer: (D)

In this framework, the substantially common interest exception lets a solicitor act for both clients only when there is a real shared objective and the clients give informed consent, but with strict safeguards. The best answer fits because it shows consent plus a substantially common interest and the specific conditions that must accompany this exception: the transaction involves a standard mortgage for a private residence, the solicitor reasonably believes it’s in the clients’ best interests, and the title certificate is provided in the approved form. These safeguards ensure the arrangement remains fair and properly documented, balancing the clients’ interests with professional duties. The other options miss or misstate these requirements—for example, consent alone isn’t enough, the same-lawyer situation isn’t the defining feature, and the exception isn’t limited to commercial property.