When a Conflict of Interest Becomes a Lawsuit: Issues in Legal Malpractice Cases Based on Conflicts of Interest

24 Jul , 2024

To register for the upcoming live webinar, please Click Here

Many malpractice cases filed against lawyers involve allegations of conflict of interest. As a matter of professional ethics, lawyers are prohibited from accepting (or continuing) representations where there is a conflict of interest. 

This course will provide an overview of the conflict-of-interest rules, including discussion of Model Rules of Professional Conduct 1.7 and 1.9 and their New York counterparts. The course will then discuss the elements of malpractice claims and how they apply to allegations of ethical conflicts of interest, with a focus on defending against malpractice claims. Finally, we will discuss issues surrounding discovery of a firm’s conflicts clearing process and the internal discussions regarding potential conflicts, including best practices in a firm’s internal conflicts vetting process.

Learning Objectives:

A firm grounding in the purpose and application of professional ethics rules regarding conflict of interest.

A clear understanding of how allegations of conflict of interest can impact a claim for malpractice, as well as the limitations of such allegations in terms of stating a viable claim for malpractice. 

Analysis of the assertion of attorney-client privilege against the client-plaintiff with regard to discovery of the conflict clearing actions and discussions within the defendant law firm. This will also include a discussion of best practices in conducting internal conflict reviews generally.

 

To register for the upcoming live webinar, please Click Here

More Webcasts

Not for the Faint of...

Section 337 provides powerful, efficient and rapid remedies for a wide range of unfair methods of co...

How to Respond to Sh...

Adverse and derogatory information often has devastating effects on a contractor's ability to win co...

Preventing Death by ...

Lawyers lose hundreds of billable and operational hours every year to poorly managed meetings. Unfoc...

The Perfectionism Pa...

Perfectionism is often rewarded in the legal profession. It drives attention to detail, thorough pre...

Evidence in Action: ...

Objections are among the most powerful — and most misunderstood — tools in a trial lawye...

Artificial Intellige...

"Artificial Intelligence and the Practice of Law" (updated through 2026), is a 50-slide primer desig...

The Twelfth Juror: W...

The Twelfth Juror: Lessons on Jury Selection from a Trial Lawyer’s Novel and a Trial Consultan...

Trial Starts Now: Wi...

Trial Starts Now: Winning the Final Six Months provides a comprehensive guide to the critical tasks ...

The Aftermath of Sca...

The Aftermath of Scams and Cybercrime: A Practical Guide to Response and Recovery examines the immed...

Artificial Intellige...

This course examines the latest legal and compliance developments in the artificial intelligence (AI...