Hiring an attorney should help people secure accurate legal guidance, insight into business decisions and support while navigating legal matters. Attorneys have a professional obligation to act in the best interests of their clients.
Unfortunately, some lawyers fail to meet that standard. They may have a conflict of interest that prompts them to put their own wishes or the benefit of other parties ahead of what their clients need. That can constitute legal malpractice.
What are some of the warning signs that an attorney might have a conflict of interest?
1. Prior work with the opposing party
If a lawyer has previously represented or advised the other party in a legal matter, they may not be neutral or capable of centering their current client’s needs. They may allow that prior relationship to influence how they advocate for or advise their client.
2. Undisclosed relationships
Attorneys typically have friends and extended family members in the communities where they practice. Their connection to those outside parties could theoretically influence how they handle different legal matters. For example, a lawyer likely should not take a case if the client intends to sue a business owned by their neighbor or close friend.
3. Financial connections to the case
Lawyers may have invested in a business or may even have offered a personal loan to a professional in the community. Their spouse or child might work for a business implicated in a legal matter. Any attorney with a personal, financial or business interest in a legal matter should not accept a related case.
4. Pressure to settle
Frequently, a conflict of interest can be hard to identify, as lawyers may not provide in-depth information about their financial history and personal relationships. However, they may pressure their clients to settle, even when the terms appear unfavorable. That pressure may stem from a desire to resolve the matter quickly and with limited negative consequences for the other party.
5. Representing both sides
Sometimes, one lawyer claims that they can represent both spouses in a divorce or both partners in a buyout scenario. Generally speaking, an attorney can only uphold their fiduciary duty to one client at a time, especially when the interests of two clients conflict with one another.
If clients find out after the unfavorable resolution of a legal matter that their attorney had a conflict of interest, they may have experienced actionable legal malpractice. Holding a lawyer legally accountable could offer financial relief and a sense of justice to those impacted by unprofessional legal representation.