Tag Archives: conflicts of interest
When Must a Lawyer Check for Conflicts of Interest?
LAWYERS MUST RUN A CONFLICT CHECK BEFORE AGREEING TO REPRESENT A CLIENT Where a conflict of interest exists, a lawyer must: Obtain proper consents and clearances, if the conflict can be waived Refuse to represent the potential client, if the conflict cannot be waived or addressed in a way that permits representation Since this… Read More »
What Happens if a Lawyer Violates Conflict of Interest Rules?
WHAT HAPPENS IF A LAWYER BREAKS THE CONFLICT OF INTEREST RULES? Lawyers have a duty to identify conflicts of interest and handle them properly. If a California lawyer breaks the conflict of interest rules, (s)he may be subject to: disqualification/an order to recuse himself or herself from representing the relevant client in some cases,… Read More »
When Do Lawyers Have Conflicts of Interest?
WHAT IS A CONFLICT OF INTEREST? In the context of an attorney-client relationship, a “conflict of interest” exists when a lawyer’s interests are in conflict, or are not aligned, with the interests of: The lawyer’s own client A different client the lawyer represents (or, in some situations, a client the lawyer represented in the… Read More »
The Importance of Informed Written Consent to Conflicts of Interest
Where conflicts of interest exist, a lawyer may not engage in certain types of conduct without making proper disclosures and obtaining the client’s informed written consent. Last week, we examined what it means to give informed written consent. Today, we’ll look a little more closely at what the lawyer cannot do unless proper consent is obtained…. Read More »
Can A Lawyer Represent a Client if the Lawyer Has a Conflict of Interest?
SOMETIMES. Let’s look at the situation in more detail. When the rules that govern attorney conduct do not prohibit representation, a lawyer can represent a client, even if a conflict of interest exists, as long as the conflict is disclosed in writing and the client gives written informed consent (where required), despite the conflict. A surprising number… Read More »
When Does a Lawyer Have a Conflict of Interest?
As we discussed in a previous post, a conflict of interest exists when a lawyer’s duty to a client would require the lawyer to take action that is contrary to or would prejudice to the interests of the lawyer, another client, or someone else to whom the lawyer owes a specific type of legal duty…. Read More »
What is a Legal Conflict of Interest?
WHAT IS A CONFLICT OF INTEREST? In the context of lawyers and legal relationships, a conflict of interest exists when a lawyer’s duty to a client would require the lawyer to take action that is contrary to or would prejudice to the interests of the lawyer, another client, or someone else to whom the… Read More »
