Conflicts 101: Identifying And Handling Conflicts

By combining a knowledge of the legal requirements with practical considerations, attorneys can help ensure that they don’t get into hot water over conflicts issues.

Most attorneys are aware that conflicts are not something to take lightly. After all, cautionary tales abound in the media, as many high-profile legal malpractice cases of late seem to be rooted in unresolved conflicts issues. However, conflicts are not as scary as they seem. By understanding the types of conflicts and, where possible, how to cure conflicts, attorneys can minimize their risks and ensure that they do not unnecessarily lose work every time there is a suggestion of a conflict.

The place to start in analyzing a conflicts issue is to identify the type of conflict. Potential conflicts generally come in two forms: simultaneous representations and successive representations.