Before taking on a new client, a law firm must conduct a thorough conflict of interest check. This is a critical step to ensure that representing the prospective client will not compromise the firm's ethical duties, particularly the duty of loyalty and the duty of confidentiality, owed to current or former clients, or create other professional impairments.
A conflict of interest exists when a lawyer's professional judgment or the effectiveness of their representation for a prospective client would be adversely affected by their responsibilities to another current client, a former client, a third person, or by the lawyer's own personal interests.
The duty of loyalty requires a lawyer to act solely in the best interest of their client, free from conflicting influences. The duty of confidentiality mandates that a lawyer protect all information related to the representation of a client, even after the representation has ended.
The firm initiates this check by gathering comprehensive information about the prospective client, including their full legal name, all relat....
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