An invitation to malpractice; ignoring conflict-of-interest rules can open Pandora's box

Article Abstract:

Lawyers need to be very familiar with the conflict of interest rules so as to avert possible malpractice claims in which conflicts of interest impeded their ability to give objective legal advice. They should spot-check their conflicts-checking system. They must remember that 'adverse' does not mean 'hostile' and that all parties whose interests are not identical to the client's are adverse parties. Adverse parties cannot be represented in unrelated matters. Consecutive representations on matters adverse to former clients are permissible under certain circumstances.

Attorneys, Lawyers, Malpractice, Legal malpractice

---

Danger: lawyer on board; if your client offers you a corporate directorship, just say no

Article Abstract:

Attorneys who serve on the board of directors of a client are probably violating ABA Rule of Professional Conduct, which forbids conflicts of interest. Among the specific risks of service on a client's board, other than increased malpractice risk, are loss of attorney-client confidentiality, recusal from some board decisions, and disqualification from representing the client on claims where the attorney is a defendant in his status as director.

Standards, Corporate directors, Legal ethics

---

An invitation to malpractice (part 2; once a conflict of interest is spotted, take action promptly.)

Article Abstract:

Attorneys who identify conflicts of interest must also resolve them if they want to avoid malpractice charges. The easiest means of conflict resolution is to avoid the representation which may lead to a conflict. Sometimes conflicting representations can be continued when the clients give informed consent. The consent must be documented, and steps in documenting client consent are listed.

Waiver (Civil procedure), Practice of law, Attorney and client

Similar abstracts:

• Abstracts: Foundations of sand: the weak premises underlying the current push for proxy rule changes. The corporate governance reform act of 1995
• Abstracts: Concert of action theory loses ground. Justices may end confusion on punitives. Jurisdiction ruling charts new course
• Abstracts: Malpractice insurers' bad patch. Malpractice rates rise again; for third straight year. Jones Day pact sets conditions; in representing thrifts
• Abstracts: Parent trap; corporate mergers and acquisitions can create conflict of interest. It ain't over until ... there's a right way and a wrong way to end client relationships

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.