|
Conflicts of Interest
A lawyer
has the duty to exercise independent professional judgment.
The lawyer's professional judgment must be exercised solely
for the benefit of the client, free of compromising influences
and loyalties. Thus, absent the necessary consents, a lawyer
may not represent a client if a conflict of interest exists.
If an impermissible conflict of interest is apparent before
the lawyer takes on the client's matter, then the lawyer must
not take it on. If an impermissible conflict becomes apparent
only after the lawyer has taken on the matter, and if consent
by the affected clients will not resolve the problem, then the
lawyer must withdraw. The lawyer who is asked to take on a matter
has the primary responsibility for resolving conflicts of interest.
In some instances, the court or opposing counsel may raise a
question about a conflict of interest.
Lawyers within a firm are usually regarded as a single unit
for conflict of interest purposes. If one lawyer within a firm
has a conflict of interest and cannot take on a matter, then
in general no other lawyer in the firm can take on that matter.
This imputed disqualification usually does not travel with a
lawyer to a new firm except in certain instances.
Conflicts may arise among current clients, relate to former
clients, involve the lawyer's personal interests, or involve
the interests of third persons. Conflicts may be actual conflicts
or potential conflicts. Each scenario requires the lawyer to
take very specific steps. Some conflict situations can be resolved
by obtaining client consent, by forgoing fee apportionment,
or by providing internal procedures to ensure client privacy.
Other situations can only be resolved by withdrawal. The issue
becomes how to determine the nature of the conflict and the
proper response to it. The sanctions applied when a lawyer errs
can be severe, ranging from monetary sanctions to disbarment.
Our attorneys are well versed at identifying conflict of interest
scenarios and determining the appropriate steps required of
the lawyer in order to avoid a violation of the Virginia disciplinary
system. We represent lawyers and law firms in the prosecution
and defense of Motions to Disqualify. We also defend lawyers
who were charged with violations of the conflict of interest
rules.
BACK
|
