Prospective clients looking to hire a lawyer may take referrals from people they know. They may also review ratings on various websites.
Those preparing for divorce proceedings or civil litigation, as well as those starting businesses, often hire attorneys to assist them with that process. They expect their lawyers to act in their best interests and to provide them with accurate, reliable information about the law and how to handle their situation effectively.
Occasionally, those disappointed by the outcome of a legal matter may eventually learn that their lawyer had a pre-existing connection to another party involved in the situation. In those situations, frustrated former clients may have grounds for a legal malpractice lawsuit.
Conflicts of interest can compromise representation
Attorneys have a fiduciary duty to prioritize their clients above their personal interests. They also should not allow pre-existing personal or professional relationships to undermine the guidance and advocacy that they provide their clients.
If a lawyer does an initial consultation with one party and realizes that they intend to sue their college roommate, their second cousin or another one of their clients, they should disclose the conflict of interest and refuse to take the case. A business attorney whose spouse runs a competing business might not be the best party to guide an entrepreneur with their exciting startup. Someone who has connections to one spouse likely cannot provide effective representation to the other in a divorce.
Clients who discover a conflict of interest after a poor outcome to a legal matter may question whether an attorney failed in their professional duties. Reviewing a possible conflict of interest and the legal representation provided with a malpractice attorney could help clients prepare for a legal malpractice lawsuit to hold their former lawyer accountable.