Conflict Check

General Description

A conflict check, also known as a collision check, is a mandatory process before accepting a new client to avoid conflicts of interest. This is regulated in the BRAO under §§ 43a para. 4, 45 (as of 2026).

The goal is to prevent a lawyer or law firm from representing a potential opponent in the same or a related matter.

In Lexolution, automatic conflict checks are performed on the file. You can also initiate a manual conflict check on a file at any time, or you can run a quick conflict check without referencing a file.

Additionally, the conflict check can be repeated at any time to identify conflicts that may arise later due to changing circumstances.

Connections between individual contacts (companies) can be used to resolve corporate group and representative structures. In addition to connections between companies, links based on representative structures can also be resolved. For example, a connection between companies can be established through identical managing directors or board members.

Since data such as parties, conflict keywords, file status, etc. can now be edited and saved independently in the file view, there is no longer a single starting point for launching the conflict check.
Starting the conflict check can therefore be triggered manually or on a schedule when the status "Perform" is required.

Scheduled Conflict Check

Starting with version 9.2, Lexolution can be configured to trigger the conflict check on a schedule whenever data relevant to the conflict check is changed in the file.

For example, if parties whose properties are relevant to the conflict check are changed, the conflict check will automatically start according to the configured schedule.

Settings for the automatic conflict check can be configured under Administration\System\General Settings in the Conflict Check section. Here you can enable or disable the automatic run and set the time delay after a change.

Conflict Check without File Reference

You can create a quick conflict check via Files > Conflict Check > NEW. You do not need to create a file or KMS contacts for this. KMS contacts are organizations, individuals, and authorities recorded in Lexolution. Non-KMS contacts are the names (search terms) entered on the Conflict Parties tab.

For a conflict check without file reference, enter the client, etc. on the Conflict Parties tab and press Enter to finish. The contact search will automatically open and show you similar contacts already in Lexolution. If your conflict party already exists in Lexolution, click the Select Contact button. The entry will be marked with an icon, indicating it is a KMS contact. If the conflict party does not exist, click Continue without selecting contact; the entry will have no icon and will be treated as a non-KMS contact.

You can also enter conflict keywords and define the scope of the review. Expanding the initial contacts to include affiliates and representatives only applies to KMS contacts.

Click the Perform button to start the review. After the review, the status should be set to Completed or Rejected. If you no longer need the conflict check and its result, for example because you have created a file and performed a new conflict check, you can delete it.

Create New File (from Conflict Check without File Reference)

By clicking the Create New File button, you can create a new file from a conflict check without file reference. The conflict check name will be used as the file name. The staff member responsible for the conflict check will be set as the lead attorney in the file. Conflict parties that are KMS contacts will be added to the file as parties according to their roles (e.g., client). Non-KMS contacts will not be added to the file and must be added manually. Conflict keywords and descriptions will also be transferred to the file. After clicking the button, you will be taken to the file view, where you can further edit the file with the pre-filled data (e.g., add a legal area) and then save it. The number of newly created files is shown in the Files Created column.

When saving the file, the file conflict check (file-KFC) is started. Creating a file from a conflict check without file reference does not automatically transfer the result of the conflict check without file reference to the file conflict check.

Conflict Check with File Reference

The conflict check with file reference starts automatically as soon as the file is saved with the status In Progress. You can continue working in Lexolution. The conflict check runs in the background and will display a selection window as soon as the results are available.

Before starting the conflict check, make sure all parties have been added to the file. To ensure a thorough review for conflicts of interest, all clients, opponents, and other parties involved in the file should be entered in the system along with their relationships (affiliates) and representation details. For more information, see the Contacts section.

To check for factual conflicts, enter the conflict keywords that describe the conflict potential of the file on the Conflict Potential tab.

On the Conflict Potential tab, you can see the date of the last conflict check. The file can be excluded from the review, if necessary, by assigning a file category configured for this purpose. Conflict Check Accepted is automatically filled in when you set the final status to Accept under Conflict Check > Status. You can also use the hyperlink to view all conflict checks performed for the file. The quick info also shows the status of the conflict check.

From the ribbon > Open Results View button, you can access the results view of the most recent conflict check.

Conflict Check when Adding or Changing a Party in the File

If you add a new party with a conflict check-relevant role (client, opponent, target, arbitration party, or notary party) to a file that already has an accepted conflict check, a new automatic conflict check will be started. By default, only the new parties are checked. The conflict check will also run if the party's role is changed to a relevant type.

Since version 9.2 of Lexolution, it is possible to define a scheduler (a recurring process) that automatically performs the conflict check when relevant party types are added or changed. This eliminates the need to run the check manually.

Important: Since the scheduler runs on the Lexolution server, the individual permission
10032 Conflict Check - Edit no longer applies. If the conflict check is set up as a scheduler, this individual permission is not considered.

You can find the scheduler settings and configuration here:

System Administration General Settings

Manual Conflict Check

By clicking the Create Manually button, you can create a manual conflict check for a file at any time. You will switch to the Conflict Check view, where, unlike the automatically started conflict check, you can edit the scope of the review.

Conflict Check Status

Please note that each conflict check for a file will be overwritten unless you assign a final status of Accepted or Rejected.

Scope of Review

The scope of review can only be set manually for conflict checks without file reference and for manually created conflict checks with file reference. The automatic conflict check uses the default settings Include Affiliates, Include Representatives, and Check Only New Conflict Parties.

Financial Review: Client vs. Client

All files and open conflict checks where the client of the potential file was already a client are identified. In the quick info for the file, you can quickly see the fees already billed. These figures form the basis for the financial assessment of the mandate and serve as a starting point for fee negotiations.

Opponent vs. Opponent

All files and open conflict checks where the opponent of the potential file was already an opponent are identified.

Include Insider Info

The initial contact is checked against the insider entries stored for the employee.

Include Affiliates

The initial contact is expanded to include all affiliated contacts.

Include Representatives

The initial contact is expanded to include representatives and representatives of affiliated contacts.

Phonetically Expand Conflict Parties

The initial contact is expanded to include phonetically similar contacts.

Check Only New Conflict Parties

Only the newly added initial contacts to the file are checked. However, this only applies if the previous conflict check had a final status of Rejected or Accepted. Otherwise, the existing conflict check is overwritten and all initial contacts are reviewed.

Collision Lists

The initial contact is checked against the values in the collision lists configured in the system, such as the EU sanctions list, which can be conveniently imported using the Lexolution Collision Lists – Importer. The collision lists are displayed automatically. You can remove a list from the conflict check if needed.

Review Logic

The review logic distinguishes between initial contacts (conflict parties) and the target contacts of the review.

The initial contacts are always those with the roles of client, opponent, target, arbitration party, and notary party.

The target contacts for the review can be configured under Special Administration (General) > List Entries > File Party Types. Client and opponent are always conflict-relevant party types. All other party types can be included in the review by checking the box in the KFC relevant (target contact) column.

Additionally, phonetically similar contacts are included as both initial and target contacts in the review. The underlying search algorithms are configurable and affect the accuracy and results of the matches.

We offer to set up the individual search algorithm settings for fuzzy search for you. Please contact STP AG Service for assistance.

The originating file to be checked or the initial conflict check will also be reviewed and displayed as a match if the originating contacts are related as representatives or are linked in a group.

Conflict Check Logic with File Reference

The contacts considered for the check include all clients, opponents, targets, arbitration parties, and notary participants, their representatives, as well as contacts linked in a group and their representatives. Additionally, all phonetically similar contacts from Lexolution originating contacts are included.

These identified originating contacts/conflict parties are checked against all participants configured as conflict-relevant in all files, and against all KMS contacts from conflict checks without a file. Furthermore, the originating contact, without including their representatives or group links, is checked against all non-KMS contacts from conflict checks without a file reference.

Additionally, the originating contacts are checked against all collision lists using phonetic search algorithms.

Conflict Check Logic without File Reference

The contacts considered for the check are the recorded KMS contacts and their representatives, as well as contacts linked in a group and their representatives. Additionally, all phonetically similar contacts from Lexolution originating contacts are included.

These identified originating contacts/conflict parties are checked against all participants configured as conflict-relevant in all files, and against all KMS contacts from conflict checks without a file. Furthermore, the originating contact, without including their representatives or group links, is checked against all non-KMS contacts from conflict checks without a file reference.

The originating contacts also include non-KMS contacts. These are checked against all non-KMS contacts from conflict checks without a file reference, as well as against KMS contacts in conflict checks with and without a file reference. Additionally, the originating contacts are checked against all collision lists using phonetic search algorithms.  

Conflict Party Logic – Target Contacts

 

Logic for KMS Contacts

In conflict checks with and without file reference

 

Logic for Non-KMS Contacts

In conflict checks without file reference

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