People hire lawyers for specific reasons. They may need guidance and advocacy as they respond to criminal charges. They may need support while dealing with a contract dispute or a personal injury issue. The clients who hire attorneys expect them to be competent.
Clients also have every right to expect their lawyers to act in their best interests. Unfortunately, some people end up feeling very disappointed by the legal support that they receive. In some cases, they may question whether they’ve experienced legal malpractice.
Malpractice entails failing to meet basic professional standards. Many issues could constitute legal malpractice, including a failure to disclose a conflict of interest.
What is a conflict of interest?
At its most basic, a conflict of interest is a pre-existing situation that prevents someone from remaining neutral or providing the best guidance and support because of their own internal biases.
A conflict of interest could stem from a financial interest. For example, a lawyer might have purchased stock in a company that a client intends to sue for violating their employment rights. As an investor in the organization, the lawyer could lose money if their client wins their case. They might intentionally accept a low settlement or tell the client that they don’t have a viable case because of their conflict of interest.
Personal relationships can also create a conflict of interest. An attorney with a pre-existing connection to any of the parties involved in a legal issue might not provide the best support possible. Friendships, professional connections and family relationships can motivate an attorney to put the interests of other parties ahead of the interests of their clients. Personal history and trauma can also influence how a lawyer handles different cases.
Attorneys should disclose conflicts of interest
Lawyers receive extensive training on their ethical obligations to their clients. Those obligations include the need to disclose conflicts of interest and to refer clients to other professionals in scenarios where they cannot offer a professional standard of representation. If lawyers do not disclose their conflict of interest and instead offer substandard representation to their clients, the clients affected by their choices may have grounds to pursue a legal malpractice lawsuit.
Holding lawyers accountable for unprofessional conduct can compensate people for the harm generated when a lawyer doesn’t follow best practices and harm results.