CONFLICT OF INTEREST SYSTEMS

Common Areas Where Conflicts Arise:

    Representation of a client that is directly adverse to another client
    Representation of multiple parties
    Representation of a client when the lawyer has a financial interest in the client entity
    Representation of a client when the lawyer serves as an officer or director for the client entity
    Accepting stock in lieu of fees
    Lawyer engaging in business with a client
    Failure to document non-representation
Features of a Good Conflict System:
    The system is integrated with other systems; i.e., time and billing and case management;
    Provides easy access to conflict data for everyone in the office;
    Checks are conducted at the three key stages of the representation: before face-to-face consultations, before a new file is opened and when a new party enters the case;
    Searches check for varying spelling of names and all prior names;
    Conflict entries show the party’s relationship with the client;
    Checks are conducted when new attorney and staff members join the firm and their list of past clients;
    All parties connected with a case are entered into the system; and
    Conflict searches are documented in the file.
    A new client list is circulated weekly to all lawyers and staff in the office and is reviewed for possible conflicts.

     


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