Understanding conflict checks
What is a conflict of interest and why is it necessary?
In the context of family law, a conflict of interest might occur if the lawyer or their law firm has previously represented or currently represents the other party involved in your case. For instance, in a divorce case, a lawyer who has previously advised your spouse cannot represent you due to the potential for divided loyalties and confidential information.
To avoid such conflicts and to maintain ethical standards, law firms conduct a conflict check before taking on any new case. This ensures that the lawyer can represent your best interests without any hindrance or compromise. It also helps to maintain the trust and integrity of the lawyer-client relationship. This is also a mandatory requirement of the Law Societies.
What information is required for a conflict check?
For a conflict check, we require the following information:
- Your full name, including any aliases or former names
- The full names of any other parties involved, including any known aliases or former names
- The names of any previous legal representation you’ve had
What happens if there is a conflict of interest?
When scheduling your initial consultation, we will perform a conflict check to ascertain that no conflict of interest exists. If a conflict of interest is identified, a representative from our firm will promptly contact you. Regrettably, in such scenarios, we will be unable to proceed with offering you legal services related to your case and you will need to seek representation from another lawyer at another firm.
Please keep in mind that the purpose of a conflict check is to safeguard the integrity of your legal representation and to staunchly protect your interests as a client. This essential process ensures that your legal rights are appropriately defended and maintained throughout your proceedings.
