Is an Attorney Legally Obligated to Avoid a Conflict of Interest?

Posted June 8th, 2021.

Categories: Legal Malpractice.

When hiring an attorney, individuals will put their full trust in this person to handle their legal matters with care and with their best interest in mind. However, attorneys can act negligently, resulting in a negative outcome to their case. One of the forms of negligence that attorneys can display is having a conflict of interest. If you believe your attorney had a conflict of interest that negatively impacted your case, continue reading to discover how our firm can assist you to correct your former attorney’s wrongdoing.

What precautions should an attorney take to avoid a conflict of interest?

An attorney can take the following precautions to avoid having a conflict of interest in their practice:

  • Never represent an opposing client. To avoid this, they must complete the proper research and analysis before taking a new case.
  • Never represent a new client who is in an identical or even particularly associated legal matter if they had worked for a firm that represented the opposing client, thus obtaining confidential information about this client.
  • Never act against a client they once had. To avoid this, they should review records of all the cases they have handled throughout their career.

Does a conflict of interest always qualify as legal malpractice?

Most conflicts of interest will qualify as legal malpractice. However, there are many instances where conflicts of interest cannot be considered legal malpractice such as your attorney proving they did not realize there was a conflict of interest or if your attorney worked to present your best interest through the legal process. In these circumstances, you will not have a good chance at proving legal malpractice.

However, if you do believe that your attorney did not work in your best interests, resulting in an unfavorable outcome, do not hesitate to reach out to an experienced New Jersey legal malpractice attorney to prove your valid legal practice claim.

Can I sue my attorney for having a conflict of interest?

The following circumstances may prove that you have a valid legal malpractice claim:

  • Your attorney did not do the proper research for your case
  • Your attorney believed that despite having a conflict of interest they will be able to represent your interest in a case

If you believe you have a legal malpractice claim against your former attorney, contact our firm today to discuss your situation and learn how our services can assist you in your upcoming legal process.

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.

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