Attorneys Having a Conflict of Interest: Is it Considered Legal Malpractice?
Posted November 2nd, 2021.
Categories: Legal Malpractice.
One of the common forms of negligence an attorney can display is having a conflict of interest. If you believe that your attorney had a conflict of interest that resulted in your case being negatively impacted, continue reading to learn how our New Jersey legal malpractice firm can assist you in taking legal action against your attorney.
What precautions should an attorney take to avoid a conflict of interest?
To avoid having a conflict of interest in their practice, an attorney can take the following precautions:
- Never act against a client they once had. Attorneys should review records of all the cases they have handled throughout their careers.
- Never represent an opposing client. Attorneys must complete the proper research and analysis before taking a new case.
- Never represent a new client who is in an identical or particularly connected legal matter if they had worked for a firm that represented the opposing client, therefore obtaining confidential information about this client.
Does a conflict of interest always qualify as legal malpractice?
In most cases, having a conflict of interest will qualify as legal malpractice. However, there are various instances where conflicts of interest cannot be considered legal malpractice if the attorney can prove that they did not realize there was a conflict of interest or if they can prove that they worked to present their client’s best interest through the legal process. If these two factors can be proven, you will likely not have a good chance at proving legal malpractice.
If you believe that your attorney did not work in your best interests which caused you to have an unfavorable outcome for your case, it is important that you retain the services of a dedicated and skilled New Jersey legal malpractice attorney who will work to prove your claim.
Can I sue my attorney for having a conflict of interest?
You may have a valid legal malpractice claim in the following circumstances:
- Your attorney did not do the proper research for your case
- Your attorney believed that despite having a conflict of interest they were able to represent your interest in a case
If you believe that your attorney had a conflict of interest and you have a valid legal malpractice claim against them, do not hesitate to reach out to our firm today to discuss your situation and to learn how we can assist you.
Contact our experienced New Jersey firm
The Law Offices of Mark S. Guralnick is an experienced and committed legal team for clients throughout the state of New Jersey. Our team effectively serves victims of legal malpractice. If you require the services of a dedicated attorney, please contact The Law Offices of Mark S. Guralnick today for a free consultation.