1. Understand the Importance of Conflict Checking#
Conflict checks help ensure that the law firm does not represent clients with opposing interests or take on cases that could create a conflict with existing clients. This is vital for maintaining the firm’s ethical standing and avoiding legal repercussions.
2. Develop a Comprehensive Conflict Database#
Maintaining an accurate and up-to-date conflict database is key. This database should include all past and current clients, matters, parties involved (including individuals, corporations, or subsidiaries), and related individuals such as spouses or key employees. The system should be easily searchable by multiple identifiers (names, business affiliations, case numbers, etc.).
3. Run a Conflict Check Early in the Process#
Before agreeing to represent a new client or take on a new matter for an existing client, conduct a conflict check. This should be done as part of the intake process, ideally before any significant legal work begins. Ensure that all relevant parties in the case are checked against your firm’s conflict database.
4. Involve Attorneys in Reviewing Results#
While the law office manager can initiate the conflict check, attorneys should review any potential conflicts. They may have insight into ethical considerations or the broader implications of representing certain clients. This also helps ensure that the firm complies with legal obligations and maintains client confidentiality.
5. Handle Potential Conflicts Properly#
If a potential conflict is identified, the law office manager should immediately notify the responsible attorney. The firm may need to decline the representation, obtain waivers from the involved parties, or implement screening measures (also known as ethical walls) to ensure that confidential information isn’t improperly shared.
6. Document the Conflict Check Process#
It’s important to keep a record of every conflict check conducted, regardless of the outcome. Documenting the process shows that the firm has taken appropriate measures to avoid conflicts of interest, which can be critical if an issue arises later.
7. Keep the System Updated#
The conflict database should be updated regularly to reflect new clients, cases, and other relevant information. This ensures that future checks are thorough and accurate.
8. Stay Compliant with Ethical Standards#
Be familiar with the rules governing conflicts of interest as outlined by your state’s bar association and any other applicable legal ethics rules. Regularly review these guidelines to ensure your conflict-checking procedures remain compliant.
By staying organized, maintaining a detailed database, and working closely with attorneys, you can effectively manage the conflict checking process and protect your law firm from ethical risks.