Is Your Lawyer on Your Side? How To Check Your Lawyer for Conflicts of Interest

A conflict of interest may exist when a lawyer cannot represent you with complete loyalty and independent judgment because of competing duties, personal interests, or relationships connected to the case. Some conflicts prevent a lawyer from taking a case at all. Others develop later and may require disclosure, withdrawal, or court involvement.

Most people never expect to question whether their own attorney is fully on their side. Yet conflicts of interest arise in situations involving former clients, business relationships, joint representation, and cases where legal interests begin to pull in different directions. Sometimes the warning signs are subtle; in others, they’re impossible to ignore.

Knowing what qualifies as a conflict of interest, how ethics rules address these situations, and what steps you can take if concerns arise may help you protect both your case and your peace of mind. Find legal help with your conflict of interest claim by finding a legal malpractice attorney in the Super Lawyers directory.

What Is a Lawyer’s Conflict of Interest?

Lawyers owe several duties to their clients. They must maintain loyalty, confidentiality, independent judgment, and zealous advocacy within ethical limits. A conflict of interest occurs when a lawyer’s ability to represent a client is compromised by competing duties, loyalties, or personal interests.

While there is a duty owed to actual clients, there is none owed to potential clients. A potential client is someone who hasn’t formally employed the lawyer in representation. This would typically be someone who has called or spoken with a lawyer in person during a consultation while considering representation.

There isn’t a conflict of interest with prospective clients because there is no harm yet. It is the lawyer’s responsibility to determine if the circumstances present a foreseeable risk of divided loyalty.

What Are the Warning Signs of a Conflict of Interest?

There are several warning signs that can signal a potential conflict of interest. While these signs don’t automatically prove a conflict of interest exists, they may justify questions and further inquiry.

• The lawyer is reluctant to pursue certain claims or parties.
• Unexplained strategic decisions
• Limited communication
• Pressure to settle quickly
• Refusal to discuss relationships with other parties
• Sudden changes in position
• Discovery of prior representation involving the opposing side
• Lawyer appearing to protect another person or organization.

Why Conflicts of Interest Are Harmful to Clients

The ethical rules governing conflicts of interest are taken seriously because they directly affect how lawyers operate. Clients need to know that their hired attorney is acting in their best interest and can be trusted. When there is a conflict of interest, a client could receive inadequate advocacy, incomplete or incorrect advice, compromised strategy, or withheld information.

When these things happen, there is a significant risk to the client. Their legal rights could be compromised. A settlement could be lower in value than it should be. Confidentiality could be compromised. Trial strategy may not be the most effective. A lawyer with divided loyalties may consciously or unconsciously avoid actions that could harm another client, personal relationship, or financial interest.

Ethics Rules That Restrict Lawyer Conflicts of Interest

Every state adopts its own rules of professional conduct, typically enforced through licensing authorities and state bar associations. While these rules are not identical nationwide, many follow standards developed by the American Bar Association (ABA) through its Model Rules of Professional Conduct.

One of the most important ethics concepts involves concurrent conflicts of interest. A lawyer generally cannot represent clients whose interests are directly adverse to one another. Conflicts may also arise when representation is materially limited by another duty or interest. This principle is reflected in Model Rule 1.7 and similar state provisions.

Conflict of Interest with Current vs. Former Clients

Conflicts are not limited to current clients. Former client conflicts can also create ethical restrictions.

Lawyers generally cannot represent a new client in a substantially related matter if that representation would place the lawyer in opposition to a former client or create a risk that confidential information could be used against that person. The concern is not limited to intentional misuse of information. Even knowledge gained during a prior representation may create an unfair advantage or raise questions about loyalty.

The duties of confidentiality and loyalty often continue after representation ends. Clients may assume those obligations disappear once the case closes, but ethical rules generally recognize ongoing responsibilities. Lawyers are expected to protect confidential information and avoid representations that undermine prior professional obligations.

Common Examples of Lawyer Conflicts of Interest

Conflicts of interest can take many forms. Some are easy to identify, while others develop gradually as facts, relationships, or legal strategies change.

Clients with Directly Adverse Interests

One of the clearest examples of a conflict of interest occurs when a lawyer represents people or organizations with directly adverse interests. Courts and ethics rules generally prohibit representing opposing parties in the same dispute because loyalty and advocacy cannot be divided fairly.

Examples may include representing both a plaintiff and defendant, a buyer and seller in a disputed transaction, or spouses involved in divorce proceedings. In these situations, protecting one party’s interests often requires advocating against the other party.

Clients Who Develop Competing Interests

Conflicts may also arise when clients appear aligned at the start of a case but later develop competing priorities. A current client may initially share goals with another represented party, yet disagreements can emerge as litigation progresses.

This can occur in joint injury claims, estate disputes, or matters involving co-defendants and business partners. Even in some criminal cases, co-defendants may initially adopt a unified defense strategy only to later disagree over plea negotiations or the allocation of responsibility for the alleged conduct.

Attorneys Changing Firms or Taking New Cases

Lawyers changing firms or accepting new matters may face restrictions involving former clients. A conflict may exist when a lawyer takes a related matter involving a former client or accepts representation against someone previously represented.

Ethics rules often focus on whether the new case is substantially related to earlier work and whether confidential information gained previously could create an unfair advantage.

Attorney’s Personal Interests Conflicting with a Client’s Interests

A lawyer’s own interests may also create ethical concerns. Problems can arise when a lawyer owns an interest in a company involved in the dispute, maintains a financial stake in the outcome, or develops a romantic or close personal relationship connected to the case.

Even friendships or financial ties may raise questions if they influence professional judgment or affect how legal services are delivered.

What Happens If the Conflict Is Discovered Later?

A part of diligent representation is doing a search for potential conflicts before agreeing to represent a client. However, even the most careful of conflict checks can miss something. When this happens, a conflict of interest may not be discovered until later. It is the lawyer’s professional responsibility to immediately address and correct the situation upon discovery.

A lawyer could withdraw from the case and representation. The court could disqualify the lawyer. The client would need to hire substitute counsel. Depending on the circumstances, the lawyer could face ethical reprimand.

Family Members, Business Partners, or Shared Representation

Relationships do not automatically create a conflict of interest. Lawyers often represent clients who are related to one another or involved in the same matter. However, family, financial, and professional connections can raise ethical concerns when they affect a lawyer’s judgment or loyalty.

Family Relationships

Conflicts may arise when lawyers have close personal or family ties connected to a case. For example, a lawyer representing one side of a dispute may be related to opposing counsel or asked to represent a family member.

These situations are not always prohibited, but they can raise concerns about confidentiality, impartiality, and independent judgment. Clients may question whether personal loyalties could influence legal advice or strategic decisions.

Business Relationships

Business relationships can create additional complications. A lawyer who owns an interest in a company involved in the dispute or participates in a related business transaction may face divided loyalties.

Similar concerns may arise when a lawyer and client are business partners or share financial interests outside the attorney-client relationship. Ethics rules often require careful disclosure and scrutiny because financial entanglements can affect legal advice, settlement recommendations, or litigation strategy.

Joint Representation

One lawyer may sometimes represent multiple people in the same legal matter, including spouses, business partners, family members, or co-plaintiffs. Joint representation can work when the parties share common goals and aligned legal interests.

Problems may develop later, however, if settlement disagreements emerge, confidential information diverges, or one party begins blaming another. At that point, the lawyer may no longer be able to represent everyone fairly and may need to withdraw from representing one or all clients.

What If Everyone Agrees to the Conflict?

A potential conflict doesn’t always mean that a lawyer cannot represent a potential client. There are situations in which an existing client may give informed consent to a new representation.

Sometimes a conflict can be waived. For the affected client’s consent to be valid, the lawyer must give full disclosure to both parties. They must ensure everyone has an informed understanding of the potential conflict and its impact. The lawyer must reasonably believe that competent representation remains possible.

A client’s consent cannot be waived when the parties are directly opposing each other in the matter. They also cannot be waived when the lawyer cannot reasonably remain loyal and independent during representation of the client.

What Are the Penalties for Lawyer Conflicts of Interest?

The consequences can be significant for a lawyer who commits legal malpractice. They may face professional discipline, including reprimands, license suspensions, and possible disbarment.

The court may also issue rulings after discovering a conflict of interest during or after a case. It could disqualify the lawyer and issue sanctions. Rulings could be overturned, a mistrial declared, or the resolution delayed.

Can You Report or Sue a Lawyer for Conflict of Interest?

Not every conflict of interest creates circumstances warranting a claim for damages. Speaking with independent counsel can help clients determine if their situation meets the legal requirements for a malpractice case.

If a client suffers harm as a result of their lawyer’s malpractice, they can file a civil claim against them. Depending on the jurisdiction, claims can include legal malpractice, breach of fiduciary duty, and fee forfeiture. To have a successful legal malpractice claim, clients must generally show:

1. There was a client-lawyer relationship
2. A conflict existed
3. The lawyer breached their fiduciary duty
4. The client suffered a loss as a result of that breach

Another option is to report the lawyer’s actions as an ethical violation. Clients can file a complaint with the state bar association about the lawyer’s actions.

The complaint process varies from state to state. Many offer an online portal, while others may allow complaints to be made over the phone or require them to be in writing. The complaint process will begin an investigation. If the disciplinary board deems that the lawyer acted improperly, it could impose a punishment. This process doesn’t give compensation to the client.

Seek Legal Advice

Lawyers are expected to put their clients’ interests first, and conflict of interest rules are designed to support that obligation. If something about your legal representation feels unclear or raises concern, getting a second opinion may provide a valuable perspective.

For legal help or assistance finding representation, use the Super Lawyers directory to connect with a legal malpractice lawyer in your area.