Conflicts of interest arise when a lawyer’s obligations to one client are at odds with their obligations to another client, their own interests, or legal and ethical standards. Here’s a more detailed explanation:
• The conflict may arise because the lawyer has duties to another client that are incompatible with representing you, potentially leading to biased judgment.
• If the lawyer has previously represented the opposing party, they might possess confidential information that could unfairly advantage one side if they were to represent you.
• The lawyer’s personal interests, relationships, or financial stakes might influence their professional decisions, leading to a potential bias.
• Professional conduct rules and legal ethics require lawyers to avoid situations where their ability to act impartially is compromised. To ensure fair and unbiased legal representation, lawyers must avoid conflicts of interest that could affect their judgment.
WHAT HAPPENS ONCE A CONFLICT HAS BEEN IDENTIFIED?
The lawyer must inform the client promptly and clearly about the issue. The lawyer will typically advise the client to seek another legal professional who can represent them without any conflicts. By refusing to represent a client in a conflict situation, the lawyer ensures that the client’s right to impartial and effective legal advice is protected.