conflicts of interest are everywhere

Conflicts of interest can arise in any context ­ financial, political, social, moral or religious. Conflicts of interest can be potential or actual, obvious or hidden, anticipated or unexpected, direct or imputed. Conflicts of interest can surface before the lawyer is retained or sometime during the retainer. And they are becoming more and more prevalent in legal practice, irrespective of the size or practice specialty of a lawyer or his or her firm. In fact, conflicts which arise from acting for more than one party in a matter represent one of the most frequent causes of claims against lawyers.

 

many factors contribute to this phenomenon

External factors that contribute to an increase in conflict claims include: Increased competition between lawyers and other professionals; increased consumerism; broadening definitions of legal duties; the movement of lawyers from firm to firm; the large size of some firms; and the development of more intricate inter-relationships of corporate clients as a result of mergers and globalization.

As well, internal factors, such as the nature of a lawyer's practice, involvement by fellow lawyers and staff in other legal matters, board memberships and lawyers' business investments affect this trend.

The material that follows will:

inform you of the costly consequences of acting with a conflict of interest;

help you identify, check for and manage conflict of interest situations; and

offer some guidance on what to do if you find yourself in the thick of a conflict of interest mess.

Last update: Oct. 7, 2002