St. Denis & Davey, P.A.

Legal Malpractice Issues

Potential conflicts of interest for an attorney

| Nov 20, 2017 | Professional Malpractice Law |

In virtually any business sector there are understood and accepted behaviors and codes of conduct. Many companies in Florida specifically document and train employees on their specific business conduct rules and the company you work for might do this very thing. Attorneys are not immune to needing to following proper rules of business and it is important not just for lawyers but for you as a client to understand what may get in the way of these guidelines.

As explained by The Balance, the American Bar Association has clearly identified a Code of Professional Responsibility that is expected to be maintained and adhered to. Integral to this code are guidelines for avoiding potential conflicts of interest. Perhaps one of the easiest conflicts to understand is the representation of both a plaintiff and a respondent in a civil legal action. This by nature eliminates the attorney’s ability to advocate for one client as they are forced to try and balance both sets of needs.

Another thing that may lead to a conflict of interest is any improper relationship between an attorney and their client, the opposing attorney or the other party represented by the opposing attorney. A lawyer who attempts to take a case when they have interests that may preclude them doing what is right for their client may be at risk for a conflict of interest.

If you would like to learn more about the various types of situations that may result in a conflict of interest and ultimately legal malpractice, please feel free to visit the professional standards of conduct page on our Florida legal malpractice and ethics website.