Conflicts of Interest May Lead to Legal Malpractice Claims
When a lawyer causes you significant harm by missing a deadline or failing to understand a relevant area of the law, the grounds for a malpractice lawsuit are pretty clear.
But what happens when you have a knowledgeable attorney who timely files motions but fails to disclose a professional or personal interest that is directly opposed to your legal needs?
That attorney has a conflict of interest, and a legal malpractice claim might be an option for you to obtain relief for improper representation. You may be entitled to a refund of your fees and compensation for significant damages.
Therefore, if your attorney tells you that they have a conflict of interest, believe them and seek another lawyer. A conflict of interest can harm you by leading your attorney to act against your interests, even unintentionally.
At StangerLaw LLC, we take our responsibilities as professionals seriously, and we want to make sure that others who seek the help of professionals are protected from misconduct and negligence.
If you want to file a conflict of interest lawsuit against a former attorney, our experienced Connecticut legal malpractice lawyer, Bruce H. Stanger, can help ensure that you obtain all the relief and compensation you deserve.
Give us a call at (860) 561-0651 or fill out our online form today for assistance.
Our Practice is Limited to Connecticut
We handle Connecticut legal malpractice claims. We won’t review cases where financial losses are less than $100,000.
Professional Rules Against Conflicts of Interest
When filing and maintaining a legal malpractice claim, you must prove that your attorney engaged in misconduct or was negligent. You can prove misconduct by showing your attorney harmed you by violating one of the Rules of Professional Conduct.
Under Connecticut’s Rules of Professional Conduct 1.7 and 1.8, representing a client when there is an undisclosed conflict of interest or engaging in business that is adverse to a current or former client’s interests is a violation.
These violations could cause an attorney to use sensitive information against you or fail to zealously represent your interests.
Under the rules, conflicts could arise in multiple ways, including a lawyer who:
- Represents clients whose interests are directly adverse to each other,
- Enters a business transaction with a current or former client,
- Takes on a client whose representation would be materially limited by the lawyer’s obligations to another client,
- Acquires a pecuniary interest that is adverse to a former or current client, or
- Has a personal connection to the other side (which can unintentionally influence their advice).
Not every case of accepting business or representation adverse to a client constitutes a conflict of interest. Sometimes, a lawyer can engage in these activities and remain compliant with the rules.
For example, if they receive written, informed consent from everyone affected. A lawyer can also avoid legal trouble in a business transaction if the terms of the transaction are fair and the client has been given an opportunity and encouragement to seek independent counsel. Each situation needs to be evaluated.
Lawyer Conflict of Interest Examples
Understanding how malpractice could arise in an attorney conflict of interest case is easier when you have concrete examples.
This list is by no means exhaustive, but the following scenarios could be conflicts of interest for an attorney.
- An attorney who is representing you in a divorce knows that you will likely have to liquidate your interest in a parcel of land, and the attorney goes into business with a venture that is seeking to develop that same parcel.
- An attorney from a firm that represented you in a workers’ compensation case quits their job at the firm and starts working in-house for the workers’ comp carrier that provided your benefits.
- Your attorney takes on a new client with business development needs, and the attorney knows you have an active and unfulfilled judgment against the new client from a property damage case.
If any of these scenarios seem familiar or raise concerns about your lawyer’s representation, we can help. You may have grounds for a legal malpractice claim due to a conflict of interest.
It must be proven your attorney’s misconduct caused harm—annoyance or irritation alone isn’t legally compensable. You can file a grievance against the attorney, but that will not result in obtaining compensation.
If you need compensation for your associated losses, you need to file a malpractice lawsuit. However, litigating these matters can be costly. So it is rarely worth the time and expense unless you can prove significant damages.
Contact StangerLaw LLC Today
At StangerLaw LLC, we are loyal, respected by the legal community, and highly experienced. Bruce Stanger has been in practice for over 45 years, and he is ready to take on legal malpractice committed by other lawyers. Please call (860) 561-0651 or contact us online today to learn how we can help you.
