Is it Legal Malpractice For an Attorney to Have a Conflict of Interest?

Posted April 21st, 2020.

Categories: Legal Malpractice.

When you hire anyone for a service, you expect that they will give it nothing but their best. Of course, this goes for attorneys as well. Unfortunately, oftentimes, attorneys will act negligently and spoil the outcome of your case as a result. One form of attorney negligence, or downright maliciousness (depending on the circumstances) is having a conflict of interest. If you are someone who believes your attorney may have had a conflict of interest, you should read on and reach out to our knowledgeable New Jersey legal malpractice attorney to learn more about how our firm can help right your past attorney’s wrong. Here are some of the questions you may have:

How can an attorney avoid a conflict of interest?

Attorneys should always take the following preventative measures before taking your case:

  • They must never represent an opposing client, even by accident. They must do the appropriate research and analysis before taking your case to ensure they are not doing so.
  • They should review records of all cases they have previously handled to ensure they are not acting against a client they once served.
  • Attorneys must never represent a new client who is in an identical or particularly associated legal matter if they had once worked for a firm that represented the currently opposing client and had obtained confidential information about that client.

Can an attorney ever represent a client if there is a conflict of interest?

There are certain circumstances in which an attorney can represent a client where there exists a conflict of interest without breaching any ethical violations. For instance, if the attorney truly believes that he is serving his/her client’s best interests, and that he/she is the best-qualified attorney for the job, and can provide competent and diligent representation, a conflict of interest may not qualify as a pure instance of legal malpractice. There is a very fine line between legal malpractice and not, which is why if you believe your case was negatively impacted by your former attorney’s conflict of interest, you must retain the services of a trustworthy, knowledgeable legal malpractice attorney today to learn more about whether you have a valid case going forward. Please do not hesitate to reach out to the Law Offices of Mark S. Guralnick today. We are here to help 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.

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