Enlisting legal support means trusting a legal team with your case, interests and future. What happens when this trust is broken because your legal team represents you despite a conflict of interest?
Your legal team is ethically bound to put your interests first and avoid any situations where their loyalty might be divided. If your legal team proceeds with your case knowing there is a conflict of interest—and it negatively impacts your case—you may have grounds to sue them for legal malpractice.
What is a conflict of interest in legal representation?
A conflict of interest occurs when personal, financial or professional interests compromise your legal team’s ability to advocate for your needs. This can arise in several scenarios, such as:
- Representing two clients with opposing interests: For instance, your legal team might have represented you as a buyer as well as the seller in the same real estate transaction.
- Personal relationships affecting judgment: If your legal team has a personal or financial relationship with a party on the other side, it can create bias.
- Previous involvement in related matters: For example, your legal team may have a conflict if they previously represented or advised the opposing party on a related issue.
Your legal team is required to conduct a conflict check before taking on your case to identify potential conflicts. If one is found, the legal team must either decline representation or seek informed consent from all involved parties after full disclosure.
How a conflict of interest can harm your case
A conflict of interest can have serious consequences for your legal case. When your legal team’s attention is divided, they may not provide the best possible representation. Here are ways this can negatively impact your outcome:
- Biased negotiations: Suppose your legal team represents both sides or has personal ties to your opponent; they may offer poor guidance or encourage settlements that do not favor you.
- Lack of zealous advocacy: Your legal team might withhold strategic moves or information to protect their own interests or other clients.
- Compromised confidentiality: A conflict may result in the disclosure of privileged information, intentionally or accidentally, to another party.
If these factors contribute to a loss or unfavorable outcome in your case, you could argue that the conflict of interest was the cause.
If you believe a conflict of interest has affected the outcome of your case, seeking legal guidance promptly is essential to protecting your rights. Understanding your rights and consulting another legal team to review your situation can help you take the necessary steps to pursue justice.