Your lawyer should advocate for your best interest but they usually juggle multiple clients and cases daily. This reality creates opportunities for conflicts that could harm your case. Thus, understanding these conflicts helps you protect your legal rights. Here are the three main types of conflicts of interest that you should watch for:
When your lawyer represents opposing parties
A concurrent conflict occurs when your attorney represents two clients from the same case at the same time. The problem arises when these clients have directly adverse interests. For example, your lawyer cannot represent both you and your spouse in a divorce. This type of conflict compromises your representation from the start. However, conflicts don’t only involve current clients.
When former client relationships create problems
Even your lawyer’s past client relationships can create issues. A successive conflict happens when your lawyer takes you on as a client after representing someone else in a very similar case to yours, where your goals go directly against that former client’s interests.
Additionally, your lawyer cannot use insider knowledge from a previous case against that former client. This situation puts you at an immediate disadvantage. Beyond client relationships, your lawyer’s own interests can also pose problems.
When your lawyer’s personal interests get in the way
Sometimes the conflict involves your lawyer directly. Personal interest conflicts occur when your attorney’s own interests interfere with your case. This might include financial stakes in the outcome or personal relationships with opposing parties. These situations create bias that affects your representation. While all these conflicts are serious ethical violations, not all of them lead to legal action.
Recognizing when conflicts become malpractice
Not every conflict automatically means malpractice. A conflict of interest always violates professional ethics under Missouri laws. However, it only becomes malpractice when that conflict directly causes you to lose money or a legal right. If you suspect your lawyer had a conflict of interest, you may want to secure your case files and consider seeking a second opinion about your situation. Understanding your options can help you make informed decisions about your next steps.
