Articles Tagged with Conflict of Interest

Good morning!  Let’s talk a little bit about conflict of interest. Conflict of interest arises in two situations.  One is what we call successive representation.  This occurs when  I represented Bob 2 or 3 years ago and now David comes to my office and wants me to represent him because of issue that he has with Bob.  That’s a conflict of interest because I would be representing a new client suing a former client.  That’s a no‑no.  A court in that situation would determine whether or not attorney learned a secret about Bob and that will aid David in this situation.  This is what we call successive representation.

The other situation is we call multiple representation, where we present two or three or more clients in a same lawsuit.  Client always want to share cost with attorney’s fee, which is understandable, but oftentimes we find that each one has their own interest.  For example, each has a different opinion about the direction of litigation.  One might want to settle, while another wants to move forward with litigation, etc..   In this situation, if the defendant side needs to come up with the settlement, often times the defendants will point the finger at each other as to who is more at fault.  So that’s where the situation becomes sticky.