Sunday, September 7, 2008

Conflict of Interest

Students: What do you know about conflict of interest? How does it apply to you in employment in a law office?

Office Professionals: What does conflict of interest mean to you in your day-to-day work in an office?

15 comments:

Lori Bauer said...

A reason that a firm cannot undertake representation of a client is defined as a "conflict of interest". That can mean different things in different areas of law. In family law, it may have meant that one spouse or party to an action already consulted with a particular firm. In that case, if the other spouse were to consult with them, they cuold not take the case because of a conflict of interest - meaning that they would have information from the first consulting spouse that would affect the representation of the second party. In litigation cases, it could mean that the office represents or has represented a party involved in the litigation in the past or present. It also can mean that if you represent a party on a matter, you would not want to take another client's case that would be adversarial (or against)the first party.

Kate said...

I know that only the lawyer can give legal advice to clients. You should not disclose any information unless the client talks about hurting themself or another person, or commiting a crime.
When I am employed in a law office, I will have to keep everything confidential.

Amy Uhrich said...

Conflict of interest means not being able to fulfill your duties completely and fairly because of personal or financial reasons. This applys to people every day in the law office because people can act differently depending on their own personal views. If you don't like someone or something said you can act negatively which isn't fair for everyone else. You need to think about the company and what is beneficial to it. Of course you need to be happy but working as a team in a law office is not all about you.

Taylor S said...

From what I have read, I understand that a conflict of interest means that a lawyer has to make sure he has nothing standing in his way to perform his best work for his client. If he is working for the defendant than he shouldn't be doing anything to help the plaintiff at the same time because that would be a conflict of interest. Another example of a conflict of interest would be if the defendant called the lawyers office and asked him questions about his case but didn't have him defend him then the person filing the suit against him called and asked that same lawyer to represent him. That would also be a conflict of interest.

emilynachreiner said...

I'll be honest...I didn't know what conflict of interest was so I had to look it up. I got the answer of "a conflict between the private interests and the official responsibilites of a person in the position of trust." Like others have stated before...it applies to employees in a law office by basically being loyal to one party and not the other side of the party.

ofelia said...

As I was searching the words "Conflict of interest" I read something that I thought was interesting. I read that people in positions of power are more likely to face charges of a conflict of interest at some point in their careers. I was just surprised by this, the way they would end up like this is for choice of favoritism or personal gain. This is just wrong...

annalise h. said...

I realize that you as a legal assistant cannot give the client any advice unless told by your attorney, or under other circumstances. I had no idea that people in positions of power are more likely to face charges of a conflict of interest

Jessica H said...

I believe that conflict of interest is when someone that is in a power of trust such as a judge, lawyer, or doctor and that professional does not have a clients best interest in mind. An example of conflict of interest in a law office is when an attorney is representing both parties or has a personnel relationship with the opposite side in a matter. In this case an attorney might not be able to perform his duties objectively.

novotp said...

Conflict of interest is having knowing a person that could possibly favor their side. If the judge knew the person on trial that is conflict of interest because since he/she knows the person they might let them off easy and not get the punish they deserve. You become emotionally involved as well

Kaylie said...

What I understand a conflict of interest to be is a reason why an attorney can not represent a client. The reasons have a wide range of reasoning. It could be a situation where there is a car accident and the person suing the insurance company wants to be represented by the atttorney I (hypothetically) work for, and we could not take them as a client because we happen to represent the insurance company. Or, it could be something monetary, like not being able to help a client sue a company that the attorney has a monetary interest in, such as if they were an investor or stockholder or something.

jolener said...

Conflict of interest would be hard as an attorney, especially if you know the person well and want to see the best outcome. If I was an attorney with that type of conflict I would have to advise my client to a different attorney that has no biased opinion.

Katie Johnson said...

It only makes sense as to why situations that would be considered "conflicts of interest" are conflicts of interest! It just isn't logical for an attorney to represent both sides in a case. Or to even represent one side in a case against another party who has any sort of ties to that attorney. Now I have a better understanding of what a conflict of interest may be inside of a law office.

kyla said...

Conflict of interest is defined as a situation in which someone in a position of trust, has competing professional or personal interest. For example a law firm cannot represent both parties in a case, it would be unethical. The only exception to this rule requires informed written consent from all affected clients, but wouldn't there still be a conflict of interest?

Jenna C said...

That is very interesting that people of higher power are more likely to be caught in situations where conflict of interest arises.. I think that if I was an attorney it would be very hard to not represent someone just because of a previous consultation. However, it is very true that even if you have an initial consultation and do not represent them, you know the other side already and that would be unfair.

tosharykhus said...

Would an employee of a legal office referring their family to that office for representation be a conflict of interest? I can see how it could be, I think.