When you hire an attorney, you expect loyalty, clear judgment and advocacy devoted to your interests. Under the Florida Rules of Professional Conduct, lawyers must be reasonably competent and diligent in their representation – and they must avoid conflicts of interest that could materially limit their ability to represent you.
For example, Florida Rule of Professional Conduct 4-1.7 provides:
“…[A] lawyer must not represent a client if: (1) the representation of 1 client will be directly adverse to another client; or (2) there is a substantial risk that the representation of 1 or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.”
What does that mean in practice? It means your lawyer should disclose any current or ongoing relationships, business ties, financial interests or other loyalties that could affect the way they handle your legal matter.
If an undisclosed conflict of interest affects your lawyer’s judgment, causes poor case management or leads to a disadvantageous outcome, you could suffer economic harm. If that happens, there may be grounds for a legal malpractice claim.
Example: hidden financial ties that affect litigation
Imagine you hire an attorney to pursue a breach-of-contract claim against a supplier. You reasonably expect your lawyer to investigate the claim, advise you about damages and pursue a fair settlement or trial strategy.
Unbeknownst to you, however, the attorney owns a significant investment in the supplier’s parent company and sits on one of its advisory boards. A financial relationship like that would create a substantial risk that the lawyer might not represent your interests as aggressively as possible..
In such a situation, even a well-meaning attorney could potentially downplay key evidence, fail to pursue certain claims, delay litigation at important moments, or recommend a settlement that benefits the supplier more than it does you.
If they did, and if those actions caused you to recover less than you otherwise would have, the conflict of interest may represent legal malpractice.
Why transparency matters
Full disclosure of all potential conflicts is what gives you, the client, the information needed to decide whether to waive a conflict or seek other counsel. Other rules of professional conduct, such as 4-1.8 (business transactions with clients) and 4-1.10 (imputation of conflicts across a firm), further limit when and how lawyers or their firms may proceed when there are competing interests at stake. Failure to follow these rules can compromise confidential information, skew strategic advice and ultimately cause financial loss to a client.
Proving legal malpractice
To succeed on a legal malpractice claim in Florida, a client generally must prove that (1) the lawyer owed them a legal duty, (2) the lawyer breached that duty, and (3) the client suffered financial loss as a result. In conflict of interest cases, the breach is often the lawyer’s failure to disclose a disqualifying interest or to obtain an appropriate waiver, combined with actions that materially limited the representation and caused economic harm.
What you can do
If you suspect your attorney failed to disclose a conflict that harmed your case, start by collecting the evidence, such as your engagement agreement, billing records, communications and any documents showing the lawyer’s ties to the other party. Consider asking the lawyer for an explanation in writing.
Because these matters can be fact-specific and legally complex, you may also want to consult an attorney experienced in legal malpractice and professional responsibility to review your situation and suggest options.