What Constitutes a Conflict of Interest?
If your lawyer has a conflict of interest, meaning their best interests are for any reason in opposition to yours, it could cause them to be unable to do their job as a fiduciary — but what constitutes a conflict of interest for a lawyer, exactly?
There are several ways that your attorney’s interests may clash with yours, compromising their ability to provide you fair and effective representation. Some common situations, which we will discuss in further detail, that constitute conflicts of interest for lawyers include:
- Representing competing clients
- Personal financial interests
- Former client conflicts
- Third-party influences
- Personal relationships with opposing parties
If you think your attorney has a conflict of interest, you will want to talk to an attorney that sues attorneys sooner rather than later. Whether you fire your lawyer and hire a new one to take your case, or your attorney already screwed up and you’re searching for justice, Ross Sears is here to help. WE SUE LAWYERS.
Ross is a Houston legal malpractice attorney who has been suing lawyers in Texas for over 30 years. For time-tested advice from a trusted malpractice attorney, call Ross at Sears Crawford today at (713) 223-3333.
What is the legal definition of a conflict of interest?
In the legal field, a conflict of interest arises when personal interests, other client relationships, or external influences compromise an attorney’s duty to represent a client. The American Bar Association (ABA) defines a conflict of interest in its Model Rules of Professional Conduct. Under these rules, an attorney has a conflict if their responsibilities materially limit the representation of one client to another client, a former client, or their own interests.
A lawyer has a fiduciary duty to always serve the best interests of their client above all else. Any interference with this duty — whether due to financial interest, personal relationships, or obligations to another client — can be considered a conflict of interest. When conflicts arise, the law requires that attorneys either avoid the conflict entirely or fully disclose it, obtaining informed consent from the client.
The truth of the matter is that if a lawyer is representing two parties with opposing interests, they are likely breaching their ethical obligations, whether they intend to or not.
Is a conflict of interest illegal?
Not every conflict of interest for an attorney is illegal, but failure to handle conflicts ethically can lead to serious legal consequences.
If an attorney knowingly represents a client in the face of an unresolved or undisclosed conflict of interest, they may be violating ethical standards and could face disciplinary action, as well as civil liabilities. In severe cases, a conflict of interest can lead to legal malpractice claims, financial penalties, or disbarment.
What are the types of conflict of interest?
There are a few types of conflict of interest that an attorney may have. All conflicts of interest should generally fall into one of the following categories.
- Actual conflicts of interest occur when an attorney is currently representing clients with opposing interests, or when their interests directly interfere with their ability to represent a current client.
- Potential conflicts of interest occur when there is a risk of a conflict arising in the future, though one does not exist now.
- Apparent conflicts of interest are more common, and occur when it isn’t quite so obvious that an attorney has a conflict of interest. These occur more often when an attorney has close personal relationships, but not ongoing or current professional relationships, that may interfere with a current case. Apparent conflicts of interest can occur as long as it appears to a reasonable person that they do have a conflict of interest, even if there is no conflict of interest.
Apparent conflicts of interest are important because even the plausibility of a conflict can affect the fairness and quality of representation, and therefore significantly alter a case.
What are the three elements of conflict of interest?
To prove a conflict of interest, your attorney malpractice lawyer will generally have to prove these three elements:
- There was duty. Proving that an attorney owed you a fiduciary duty is usually as simple as proving that you were their client.
- There was an interest. An “interest” refers to any personal, financial, or external factor that could affect the attorney’s ability to provide impartial advice or representation.
- That interest created interference. If the interest in question significantly impairs the attorney’s decision-making, advice, or representation, or harms the client, the conflict becomes actionable and must be disclosed or resolved.
Proving a conflict of interest, much like proving other forms of legal malpractice, will require a quality attorney with experience suing attorneys in Texas. You’re not going up against just anyone, and attorneys know how to cover up their unethical behavior, so make sure you have an attorney in your corner who you can trust, and who knows what they are doing.
What are some examples of conflicts of interest?
Conflicts of interest are a fairly common type of legal malpractice, but not every attorney relationship constitutes a conflict. Some common conflict of interest examples for attorneys include:
- Representing competing clients. This may be the most clear form of conflict of interest; if your attorney is representing two clients simultaneously whose interests are at odds, the attorney cannot in good faith advocate for both of their clients.
- Personal financial interests. Attorneys having financial stakes in the outcome of a case — other than their retainer or payment from their client — are likely to cause conflicts of interest.
- Former client conflicts. When an attorney represents a new client whose interests are adverse to those of a former client, it can create a conflict of interest.
- Third-party influence. A conflict of interest may arise if a third party has undue influence over an attorney’s actions. For example, if a lawyer is pressured by a family member or business partner to make decisions that benefit them at the expense of the client, this could create a conflict.
- Personal relationships with opposing parties. When an attorney has a personal relationship with an opposing party, witness, or opposing counsel, it may lead to a conflict of interest.
Keep in mind that the legal profession is a small world. It is not uncommon that your attorney will have a friendly relationship with the opposing counsel, a prosecutor, or almost every person who works at the courthouse, and this does not necessarily constitute a conflict of interest. In fact, your attorney’s good standing with opposing counsel more often than not benefits you, as it allows them to negotiate and advocate for your interests in good faith.
Continue reading about other reasons to file a complaint against an attorney in Texas
Can you sue a lawyer for a conflict of interest?
You can absolutely sue a lawyer for a conflict of interest as long as your lawyer’s conflict of interest harmed your case, but successfully suing a lawyer for malpractice is never easy. You’ll need to prove that:
- They had a conflict of interest;
- They failed to disclose this conflict of interest;
- This conflict of interest harmed your case; and
- You suffered losses because of it.
To do this, you’ll need an experienced and aggressive legal malpractice lawyer in Texas, like Ross Sears at Sears Crawford.
Continue reading: When is it too late to fire your attorney?
Is your attorney putting their interests first? Call Sears Crawford for help.
Now that you know what constitutes a conflict of interest, you should have a better idea of whether or not you need to contact a Texas legal malpractice attorney to sue your lawyer. If you have reason to believe that your attorney is putting their own interests, or those of a third party, above your own, you may have a malpractice suit against them.
Whether you need to sue your lawyer for a conflict of interest or sue for overbilling, Ross Sears of Sears Crawford can help. He sues lawyers because of his commitment to his client’s well-being and his respect for the legal profession — if you need someone to make sure you’re treated fairly in a court of law, you need to give Ross a call.
Call Sears Crawford at (713) 223-3333 or contact us online today to take the first step towards justice with a free consultation.
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