What Types of Conflicts of Interest may Lead to a Malpractice Claim?
A conflict of interest is a simultaneous representation of parties with opposing interests without their consent. The following are conflicts of interest that can lead to a malpractice claim: • Simultaneous representation of a man and a woman in divorce proceedings • Simultaneous representation of two businesses who are suing each other • Representation of a client whose interests conflict with those of a present or former client • Lawyer’s private interests conflict with his professional interests – taking a case against a close personal friend • Lawyer, or anyone related to or associated with the lawyer, has a direct or indirect financial interests in the outcome of the caseWhat Other Actions by a Lawyer Can Lead to a Malpractice Claim? There are several actions a lawyer can commit leaving him liable for malpractice: • Mishandling Client Funds – Each client is entitled to his own separate client trust account separate from lawyer’s or law firm’s accounts. • Holding Himself Out as Exp
