ABA Connection: 'Strategies for avoiding conflicts of interest'

The evolution of conflict law as a specialty speaks to the increasingly difficult and complex legal environment in which lawyers currently practice. No longer is it practical or wise to rely on one's memory, or even a database, to check for potential conflicts of interest within a law practice.

A recent CLE teleconference, with background information in the May issue of the ABA Journal, was designed and offered to help lawyers sort out the angles of conflicts of interest. In the article, author Martha Neil suggests that large firms have a house expert on conflicts. "Especially for larger firms with complex client lists, checking for conflicts should be a multistep process coordinated by a central staff with special expertise." Memory alone is not sufficient, nor is the use of a computerized database, she says, although these are certainly valuable tools.

While consequences of conflict may be severe – the outcomes may range from a damaged professional reputation and loss of clients to malpractice litigation and, potentially, even criminal proceedings – more likely is simply the filing of a motion to disqualify. Still, conflict of interest is increasingly a concern for lawyers. ETHICSearch, the ABA service that provides advisory information on ethics questions, responds to some 200 conflicts inquiries each month.

One of the major reasons for missing a conflict is not thoroughly researching or understanding a parent-subsidiary relationship. And when a conflict is caught, some firms believe it is sufficient to ask a client to sign a waiver consent form. But it is critical that the appropriate waiver consent form be used.

"Strategies for Avoiding Conflicts of Interest" will be available online, free to ABA members, until mid-June. It was sponsored by the ABA Government and Public Sector Lawyers' Division, the Center for Professional Responsibility, the ABA Journal, the Center for Continuing Legal Education, and the Membership and Marketing Division.

The Connection TeleConference Series is offered each month, with an accompanying article in the month's ABA Journal. The June 2006 topic is "Practicing Law the Collaborative Way." You can find the schedule online here.

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