Alaska Conflict of Interest Policy
Description
How to fill out Conflict Of Interest Policy?
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FAQ
In conflict of interest cases, an attorney puts his or her interests above those of the client or put one client's interests above another client's interests. If you feel your lawyer has had a conflict of interest that adversely affected your case, you may have grounds for a lawsuit.
A conflict of interest occurs when an individual's personal interests family, friendships, financial, or social factors could compromise his or her judgment, decisions, or actions in the workplace. Government agencies take conflicts of interest so seriously that they are regulated.
The federal conflict of interest rules are found at 18 U.S.C. § 208 with implementing regulations at 5 C.F.R. A§ 2635.402. Essentially, these rules prohibit you from taking official action in a particular matter involving any entity in which you, or someone whose interests are imputed to you, have a financial interest.
A client can generally waive a conflict of interest that may arise in the future if that particular conflict of interest to be waived can ethically be waived and if the lawyer and client together have in their minds the conflict of interest that actually does later arise.
For example, if a business executive is her son's direct manager, there will likely be a conflict of interest when she has to conduct a performance review of her son's work. This might create a problem for the company and lead to policy changes, but it wouldn't necessarily violate any laws.
In business, a conflict of interest arises when a person chooses personal gain over duties to their employer, or to an organization in which they are a stakeholder, or exploits their position for personal gain in some way. Conflicts of interest often have legal ramifications.
Conflict of InterestContractual or legal obligations (to business partners, vendors, employees, employer, etc.)Loyalty to family and friends.Fiduciary duties.Professional duties.Business interests.
A conflict of interest exists, however, if there is a significant risk that a lawyer's action on behalf of one client will materially limit the lawyer's effectiveness in representing another client in a different case; for example, when a decision favoring one client will create a precedent likely to seriously weaken
The basic formulation of the conflicts of interest rule is that a conflict exists "if there is a substantial risk that the lawyer's representation of the client would be materially and adversely affected by the lawyer's own interests or by the lawyers' duties to another current client, a former client, or a third
