Can I Sue an Attorney For Having a Conflict of Interest?
Posted October 15th, 2019.
Categories: Legal Malpractice.
Having a conflict of interest, no matter your line of work, is considered unprofessional. Unfortunately, even attorneys sometimes violate basic ethical or legal rules, which, very obviously, can cause serious problems. If you believe your past attorney had a conflict of interest and your case was negatively impacted as a result, you may be looking to file a lawsuit. If you find yourself in this situation, please read on to learn more about your legal options going forward:
What does an attorney conflict of interest look like?
Several different types and scenarios may all qualify as a conflict of interest. Before taking a new client, attorneys are responsible for ensuring the following:
- Whether they are already representing an opposing client, or whether the opposing client is adverse in some way to their own–attorneys must always identify both sides of the suit to ensure there are no conflicts
- Whether there are any conflicts with former clients. Even though attorneys are finished representing their clients once the case has drawn to a close, they still retain an attorney-client relationship even after the case is over. This is why they must ensure new clients do not have any sort of an adversarial relationship with former clients.
- Attorneys are not allowed to represent new clients in either the same or a significantly related legal matter if they had worked for the law firm representing the opposing client and you obtained confidential information about that client.
- Attorneys should always keep good records of past and current clients. Doing so and keeping organized ensures there is no accidental overlap.
Not every conflict of interest is inherently sinister; sometimes, it is an honest mistake. However, this makes very little difference if you are someone whose case was ruined due to an attorney’s carelessness. While you may be hesitant to hire another firm to represent your best interests after a bad experience with an attorney, you have no choice if you wish to hold the negligent attorney accountable. Our firm is here to help. We are organized, skillful, hard-working, and are completely dedicated to serving our clients.
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.