What information is needed for a conflict check?

At a bare minimum, a conflicts database for current and former clients should include the following:

Client Name.
Matter Number.
Case Name.
Case Number.
Plaintiff(s)
Defendant(s)
Opposing Counsel.
Open/Closed.

Can a lawyer tell if there is a conflict of interest?

While an attorney may be able to easily identify a conflict, sometimes they’re not always easy to spot. Because of this, it’s the attorney’s responsibility to perform regular conflict checks when taking on a new client.

What’s the best way to handle a conflict at a law firm?

For nearly all of them, informed consent suffices. Best practice, if you must take the case, is to give them the opportunity, in writing, to retain counsel regarding the potential conflict. Both the former client and current client must consent. A better remedy, assuming the client has other options for counsel, is to not take the case on at all.

Why is it important to have a conflict check at your law firm?

That’s why it’s so important to have a conflict check process in place at your law firm. What is a conflict check at a law firm? Basically, conflict of interest rules state that you can’t represent a client whose interests are adverse to your own or to a former client.

How to flag conflicts at a law firm?

If a conflict is flagged, or even suspected, the person answering the phone can schedule a follow-up call with the attorney to discuss the matter. Indicate that the firm has time to investigate (and to evaluate whether the case is worth dealing with conflict waivers).

How to check for conflicts of interest as an attorney?

To make sure you don’t run afoul of these rules, you must do a “conflicts check” before signing a new client. Generally, a conflict check consists of checking whether a new client is adverse to other clients you have represented, past and present. If they are, you must analyze whether you can still ethically represent the new client.