Most lawyers dread the process of checking, evaluating and resolving conflicts of interest. Perhaps it’s because “conflicts” issues seem to focus on why a lawyer must (or should) decline a new representation rather than how to get the business in the door. And yet unidentified or unresolved conflicts cost lawyers and their firms clients, money, and headaches.
Professional publications are full of cautionary tales about motions to disqualify, bar complaints and legal malpractice claims based on an unidentified or unresolved conflict of interest. The risks posed by these claims are serious—disqualification from a representation, bar discipline and verdicts by juries based on allegations of disloyalty with the option of punitive damages. Even when successfully defended, conflicts-related allegations still cost lawyers lots of time and money.
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