Under what circumstance is it permissible for a lawyer to act for both clients and the bank in a Bramble Cottage transaction?

• A. If there is a substantially common interest and consent, such as a standard mortgage for private residence, with the title certificate in the approved form.
• B. If there is no conflict.
• C. Only if one client signs a waiver.
• D. Only for commercial properties.

Answer: (B)

The key idea is that a solicitor can act for both parties only when their interests do not conflict. In a Bramble Cottage transaction, the lender and borrower must have positions that align so the solicitor’s duty to one client does not compromise the other. If there is no real conflict between the borrowers’ and the bank’s interests, the same lawyer can represent both without compromising loyalty or duties to either client.

If there were any risk of a conflict—for example, where the borrower’s goals (such as obtaining favorable terms or protecting certain rights) could differ from the bank’s priorities—dual representation would be inappropriate, even if one party signed a waiver or if the property type seemed to imply common interests. The form of property or the existence of consent does not override the fundamental requirement: there must be no conflict for one solicitor to act for both clients.