What Should I Do if My Attorney Has a Conflict of Interest?
Posted June 22nd, 2022.
Categories: Legal Malpractice.
An attorney-client relationship is essentially built on trust. Thus, it is your attorney’s responsibility to respect this trust by practicing ethical conduct throughout your case. And failure to disclose a conflict of interest and continuing representation is usually considered an ethics violation according to New Jersey law. If you believe you lost your case and ultimately on a financial award because of your attorney’s conflict of interest, continue reading to learn how an experienced New Jersey legal malpractice attorney at The Law Offices of Mark S. Guralnick can help you build a case against your attorney and get the justice you deserve.
What is considered a conflict of interest?
Since attorneys often represent many different clients, interests may overlap and may present potential conflicts of interest. Below are common examples of conflicts of interest:
- Your attorney is acting against a client they once had or that they currently represent in other matters, and failed to obtain permission from either party to continue.
- Your attorney is representing an opposing client in the case.
- Your attorney has a business relationship with an opposing client in the case.
- Your attorney has a financial interest in the outcome of the case that conflicts with your interest.
- Your attorney pressured you to settle too quickly once they realize their fees will be lower than anticipated.
Do I have a legal malpractice claim against my attorney for a conflict of interest?
Regardless of how many clients your attorney represents and what the potential conflict of interest may be, they have a responsibility to disclose this information to you. It is then appropriate for them to refer you to another reputable attorney to represent you. If they do not follow this course of action, you have a legal malpractice claim on your hands.
Specifically, you have a suitable case if you can prove that your attorney did not do proper research on your case to identify the conflict of interest. Or, you can argue that your attorney conducted the research and identified the conflict of interest, yet still decided to represent you and you ultimately lost your case.
What is the statute of limitations for a legal malpractice claim in New Jersey?
The statute of limitations for a legal malpractice claim in the state of New Jersey is six years from the date of your attorney’s poor conduct. If you believe you have a legal malpractice claim against your attorney, do not hesitate in reaching out to our legal malpractice law firm located in Cherry Hill today.
Contact our experienced New Jersey firm
If you require the services of a dedicated legal malpractice attorney in New Jersey, please contact The Law Offices of Mark S. Guralnick today for a free consultation.