{"id":358067,"date":"2018-12-06T18:35:20","date_gmt":"2018-12-06T23:35:20","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/hirealawyer\/choosing-the-right-lawyer\/what-is-an-attorney-conflict-of-interest.html"},"modified":"2023-09-01T15:08:51","modified_gmt":"2023-09-01T20:08:51","slug":"what-is-an-attorney-conflict-of-interest","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/hirealawyer\/choosing-the-right-lawyer\/what-is-an-attorney-conflict-of-interest.html","title":{"rendered":"What Is an Attorney Conflict of Interest?"},"content":{"rendered":"\n
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What Is an Attorney Conflict of Interest?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Conflicts of interest arise when a lawyer\u2019s personal, financial, or professional obligations interfere with their duty to put a client\u2019s interests first. Ethics rules require attorneys to avoid situations where divided loyalties could compromise confidentiality, judgment, or the quality of representation.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

The lawyer’s duty is always to represent the best interests of the client. Anything that interferes with that duty may be a conflict of interest. There are many ways that seemingly unrelated matters can result in conflicts. If the lawyer’s own interests are placed ahead of the client’s interests for any reason, there is a clear conflict of interest.<\/p>\n

Failing to recognize and act on a conflict of interest can have serious consequences for lawyers and clients. This article explains conflicts of interest, details exceptions, and shares what to do if you believe your attorney\u2019s loyalties or personal interests are affecting your case.<\/p>\n

If you believe your attorney may have a conflict, a qualified lawyer<\/a> or your state bar association<\/a> can help you understand your rights and what steps to take next.<\/p>\n

What Are Conflicts of Interest?<\/h2>\n

The American Bar Association (ABA) has devised the\u00a0Model Rules of Professional Conduct<\/a>. All state bar associations have adapted these rules to establish grounds for an attorney’s professional responsibility to past, present, and future clients. An attorney may not represent two or more clients in the same or a substantially related matter.<\/p>\n

An attorney must zealously represent the client’s interests in all matters related to the representation of the client. Some ways conflicts of interest develop include:<\/p>\n

The attorney’s interests conflict with the interests of the client. For instance, a client retains an attorney in a real estate purchase<\/a>, but the attorney also made an offer on the same property.<\/p>\n

The client’s interests conflict with the interests of another client. This sometimes happens in personal injury cases, where the insurer’s attorney must represent the company and the client against a third person’s claim.<\/p>\n

The client’s interests conflict with a previous client’s interests. The current client was the opposing party in a business transaction involving a former client’s company.<\/p>\n

Why Are Conflicts of Interest Prohibited?<\/h2>\n

Conflicts of interest arise in other settings. Doctors avoid treating family members. Politicians get censured for appointing relatives to high offices. But if an attorney knowingly represents a client with a conflict, they face disqualification or disbarment<\/a>. They may open themselves to a legal malpractice suit.<\/p>\n