Is it Legal Malpractice if an Attorney Has a Conflict of Interest?
Posted November 12th, 2020.
Categories: Legal Malpractice.
As you know, when a legal issue arises, individuals will turn to an attorney who can work to resolve the issue both efficiently and within the means of the law. Unfortunately, there are times where attorneys act unethically, and oftentimes, acting unethically does not reflect the best interests of the client. One of the most common ways in which attorneys act unethically is by having a conflict of interest. Though you should understand that having a conflict of interest is not always considered unethical/warranting a legal malpractice lawsuit, the truth is, in many cases, it does. If you believe that the outcome of your case was negatively impacted by an attorney who had a conflict of interest, our firm is here to help. Please continue reading and speak with our New Jersey legal malpractice attorney to learn more about how our firm can help you. Here are some of the questions you may have:
Is an attorney legally obligated to avoid a conflict of interest?
Generally speaking, attorneys are legally obligated to avoid conflicts of interest. Attorneys are responsible for ensuring the following:
- They must research to ensure they are not representing the opposing client.
- They must not represent a client with an identical or very similar legal issue if, in the past, they worked for a firm that represented the opposing client.
- Attorneys must ensure that they do not fight against a client that they once represented.
Does a conflict of interest always qualify as legal malpractice?
Though in many cases, conflicts of interest do, in fact, qualify as legal malpractice, the truth is, there are many instances wherein conflicts of interests cannot be considered legal malpractice. For example, if your attorney can prove that he or she did not realize that there was a conflict of interest, or that your attorney genuinely worked to represent your best interests through every step of the process ahead, there is a very good chance that you will not be able to sue that attorney for legal malpractice. That being said, if you do believe that you have a valid legal malpractice claim and that your attorney did not work in your best interests and you received an unfavorable outcome as a result, you should speak with our experienced New Jersey legal malpractice attorney today. Our firm is here to help you attain the justice you deserve.
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.