St. Denis & Davey, P.A.

Legal Malpractice Issues

When Interests Conflict

| Aug 14, 2018 | Legal Malpractice Law |

How is legal malpractice revealed in a conflict of interest? Just as there are many ways for legal malpractice to happen, there are reasons behind the mistakes and ethical friction. Here are some types of legal malpractice stemming from a conflict of interest:

· Conflict of attorney interest – attorney’s relationships or investments are at odds with the client’s

· Conflict between attorney’s clients – client’s goals are at odds, impeding representation

· Conflict with former or prospective clients – differing interests mean the possible dilution of the case

· Failure to acquire informed consent from a client – the client did not consent to a potential conflict of interest

Multiple Infractions

Often with conflict of interest cases, more than one type of ethical infraction is involved. Breach of fiduciary duty usually gets rolled into conflict of interest in the case of charging for legal representation when that representation does not benefit the client.

For example, in actor Johnny Depp’s legal malpractice case against his talent lawyer, there is a combination of conflict of interest and self-dealing allegations. Possible conflicts between Depp’s interests and the interests of his legal representation are at the center of the case.

No Reason For Conflict Of Interest Ignorance

What if your attorney claims no knowledge of a conflict of interest? There is no justification for lack of awareness when it comes to a conflict of interest. The rules for a lawyer’s professional conduct do not excuse attorneys’ obliviousness when it comes to knowledge of possible conflicts of interest to their law practices.

If you feel that you have been a victim of conflict of interest in a recent legal issue, some attorneys litigate legal malpractice cases. Fighting back against legal malpractice involves knowledgeable legal counsel that can analyze your situation, pinpoint occurrences of conflict of interest in your prior case and skillfully litigate your legal matter.