Is an Attorney Having a Conflict of Interest Considered Legal Malpractice?
Posted March 9th, 2021.
Categories: Legal Malpractice.
Being a lawyer is a very important job, as individuals will trust you, in many cases, with their future. The outcome of a case can likely have lifelong implications for a person, which is why as an attorney, it is your duty to uphold your oath and to always act in your client’s best interests while, of course, always acting within your legal constraints. While in most cases, attorneys abide by these rules, the unfortunate reality is that at times, attorneys can either conduct business negligently or outright maliciously. This is unacceptable. One of the more questionable acts that an attorney can pursue is having a conflict of interest. If your attorney had a conflict of interest and did not disclose this conflict before taking your case, and this conflict resulted in a negative outcome, there is a very good chance that you will have a valid legal malpractice claim against your prior attorney, and our New Jersey legal malpractice attorney is here to help you attain the justice you deserve. Please continue reading and speak with our firm to learn more about these cases and what we can do for you. Here are some of the questions you may have:
What precautions should an attorney take to avoid a conflict of interest?
There are a wide variety of precautions attorneys should take to avoid conflicts of interest. For example, they should always conduct research to make sure that they are not representing an opposing client. They should also never work against a client they represented in the past, and they are also required to avoid representing clients with near-identical legal issues if they worked for a firm that represented the opposing client in the past. These are just some examples of conflicts of interest.
Can I sue my attorney for having a conflict of interest?
While attorneys are required to avoid these conflicts of interest at all times, there are times where having a conflict of interest is actually not considered legal malpractice. If your attorney did his research and did not know there was a conflict of interest, or your attorney believed that despite having a conflict of interest, he or she would be able to best represent your interests in your case, you may not have a valid legal malpractice. claim. However, as previously stated, there are times where conflicts of interest do classify as legal malpractice, and if you believe you have a legal malpractice claim against your past attorney please do not hesitate to reach out to our New Jersey legal malpractice attorney today.
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.