When dealing with the issue of your standing with the state bar association, you no doubt will want to know the exact parameters in which legal authorities expect you to operate. As many of our past clients here at The Law Office of Zachary D. Weschler, APC can attest to, one of the most important elements for legal practitioners to be familiar with is that of a potential conflict of interest.
You might believe the standards relating to a conflict of interest are fairly straightforward: you should attempt to avoid representing a client that has ties to any of your personal or professional interests. Yet as is the case with almost all legal topics, there are a number of subtle nuances to conflicts of interests you need to know.
Defining a conflict of interest
Fortunately, the guidelines governing this area of legal practice are clearly detailed in the American Bar Association’s Model Rules of Professional Conduct. Here, it states that a conflict of interest exists if your representation of a client adversely affects that of another client, or that your representation of a client is materially limited by either your own personal interests or your relationship with a current or former client, or another third party.
Exceptions to conflicts of interest
Still, even in cases where an apparent conflict of interest may exist, you still may be able to represent a client the case meets the following criteria:
- You reasonably believe you will be able to provide apt representation to every client potentially affected by the matter
- The claim is not one made between two clients you concurrently represent
- Your representation is not prohibited by the law
- Each affected client confirms their consent to your representation in writing
You can learn more about state bar defense topics by continuing to explore our site.