action plan to contain a conflicts mess

The failure to identify and manage a conflict when it arises whether initially, prior to the start of the engagement, or subsequently can result in a veritable mess.

Defining a conflicts mess

Just what is meant by a conflicts mess? Any situation where all of the following apply:

	you find yourself representing more than one interest;
	at least some of the interests have become adverse and contentious;
	at least one of the clients' interests is being preferred or perceived by another of the clients as being preferred.

Perhaps one or more of the clients are not aware of these circumstances. It may be too late to manage the conflict through the disclosure and consent approach. You feel boxed in and are not sure what to do. Your reaction may be to try to fix it yourself or alternatively to simply ignore the problem. Stop there. Consider, instead, the Three Step Plan.

The Three Step Plan

	Action #1 - Recognize It's Not Too Late First, recognize that although adverse effects may already be in play, you may be able to minimize them. The earlier you react to have the situation addressed, the better.
	Action #2 - Consult With Someone Next, recognize that the objectivity of another lawyer will be helpful. Review the situation with a colleague, your firm management or outside counsel. Or consult the Law Society's Practice Advisory Service on a confidential, free basis at (416) 947-3369 or 1-800-668-7380.
	Action #3 - Do Not Continue To Act Finally, recognize that you cannot continue to act. It is a huge mistake to try to deal with the conflict yourself. No matter how good your intentions or how objective you think you are, you will be challenged by the competing interests inherent in the conflict in what is, by now, a contentious and possibly acrimonious situation. It is almost a certainty that at least one of the clients will blame his or her loss on your conflict of interest and connected failure to safeguard his/her interest. You should inform all of the affected clients of the conflict, that it may affect your ability to act in their interests, and that they each should seek their own independent counsel. In that way, you have done something to contain the damage.

Last update: Oct. 7, 2002