It’s an example of legal malpractice if an attorney enters into a professional relationship with a client while knowing that there is a conflict of interest. But there are also cases in which the attorney may not realize that there’s an issue until they’ve already agreed to take on the case.
For example, say that a prospective client approaches an attorney after a slip and fall accident in a store. It seems like a straightforward case, and the attorney tells them that they can seek compensation. After taking the case, though, the attorney discovers that the store is owned by an extended family member. They suddenly have a conflict of interest because they have a personal connection to the very person they are supposed to be suing on behalf of their client. What should the attorney do in this case?
Informing the client
It’s not automatically legal malpractice when this relationship comes to light. But the attorney does have a responsibility to inform their client. They may have to tell them that they can no longer take the case due to the conflict of interest.
After all, there are some situations in which clients can agree to representation, even though there is a conflict of interest. This should generally be done in writing to show that the client understands the nature of the relationship and believes that it won’t be a problem that harms their case. But the client must know of the conflict, and it is legal malpractice if the attorney attempts to hide it from them or fails to disclose it when they know that they should.
If you have suffered harm due to legal malpractice, be sure you know exactly what legal options you have moving forward.