Although we are under no particular obligation to do so, as former practising lawyers, we have chosen to apply to our consulting work the exact same high standards of professionalism, confidentiality and conflict of interest as we did in our private practice days.
The global legal marketplace is surprisingly small, particularly amongst the firms with which Validatum® works. As a result, from time to time Validatum® is engaged by a firm that competes with a prior or even a current client. To help guide our efforts, we adhere to the following principles:
Our expertise and credibility as a trusted advisor comes from having access to, and conversations with, multiple parties across many topics. We do not compromise our integrity by serving as a confidential source to the press or betraying confidences among competing parties.
- We do not disclose confidential information obtained through client engagements unless it is expressly authorised in writing.
- We do not disclose an association with a particular client unless it is expressly authorised in writing.
- We do not accept simultaneous client-specific assignments from direct competitors. From time to time, however, we may work with different groups within competing entities. For example, we may work with one firm's litigation practice and another firm's labour & employment practice.
- Where a firm has a general retainer in place with us, we may nonetheless accept instructions from another firm on a specific proposal for a specific client provided that;
- the retainer firm has not already asked for our assistance on that same matter, and
- we have no prior knowledge of that client through the retainer.
- When asked to provide pricing, procurement or other support to a firm in relation to a specific client, bid, pitch, tender, RFP or ITT, we will not act for more than one firm at the same time in respect of the same matter and the same client.
- Like expert witnesses or QCs, once we are appointed by a firm, we consider ourselves 'conflicted out' on that matter.
- We accept the first firm that instructs us and is agreeable to our terms of engagement.
- We do not provide geographical or any other exclusivity.
- We do not provide exclusivity in relation to any of our services except as outlined in this policy.
- We strongly believe that a more informed marketplace is a more efficient marketplace and therefore we embrace opportunities to educate. Occasionally, we may write or present publicly for other organisations or at their events eg buy-side procurement specialists and GCs, but we do so as a voice of the private practice legal profession..