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This could occur, for example, if an attorney is representing both parties in a divorce case. Another scenario: A party seeks representation from an attorney to sue a neighbor in a civil claims case. If the attorney also represents the neighbor's business, there would be a potential conflict of interest.
Conflict Letter ? this letter may be used by the attorney to notify potential and/or prior clients that a potential conflict of interest exists between the clients that may impact the attorney's representation of one or both of the clients.
How To Write a Good (And Ethical) Conflict Of Interest Waiver Identify the conflict of interest. ... Describe the workaround. ... Describe the upside of the client(s) waiving the conflict of interest. ... Describe the downside to the client(s) waiving the conflict of interest. ... Get it in writing. ... Take it home!
If a conflict of interest arises in a litigation setting, you could face disqualification and have your professional ethics called into question in a public forum. Finally, you could be compelled to disgorge fees earned from conflicted representation or have your undocumented business transaction with a client unwound.
A conflict of interest refers to the ethical problems that may arise between parties with a preexisting relationship. In law, a conflict of interest arises between an attorney and a client if the interests of the attorney, a different client, or a third-party conflict with the interests of the present client.