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You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.Extract from article by Shari Klevens, Randy Evans, and Lino Lipinsky de Orlov
Virtually all attorneys know that the Rules of Professional Conduct prohibit certain conflicts of interest. Yet, almost daily, the legal media report large settlements or verdicts involving legal malpractice claims premised on conflicts of interest. Why is that?
The economic pressures of the modern legal practice have pushed many attorneys to accept engagements close to the line between permissible and impermissible conflicts of interest. Some law practices assume that, if the anticipated fee is large enough, the conflict must be resolvable. Unfortunately, when such representations turn sour, the law firm or its insurer typically faces a payment to the former client.
For most attorneys, conflict of interest claims arise from unexpected circumstances rather than from situations in which an attorney skirted, or attempted to avoid, the clear application of the rules addressing conflicts. Below are the three most common circumstances from which unexpected conflicts issues materialize.
Read the complete article at Casual Advice Can Be Binding