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Conflict of Interest for Legal Professionals - Oct. 13, 2010

By Barbara Haubrich-Hass, ACP/CAS

A legal professional has a responsibility to notify the supervising attorney if a conflict of interest exists between the professional and a client. If a conflict of interest does exist, the attorney must then implement an "ethical wall" between the professional and any work related to the client. An ethical wall is a common method to protect a client and the professional from the conflict, or any appearance of a conflict. There are many books and articles written on the requirements of an ethical wall, but a very generic description is to prohibit the professional from having any connection with or access to the client's case, including any discussions with or the transfer of any tangible items or information relating to the client or the merits of the case. It is a means to separate the conflicted professional from the others working on a case.

For paralegals and legal secretaries, below are some of the common ways a conflict of interest may arise:

Changing jobs is the most common way a conflict can occur. If a legal professional works for one law firm retained on a matter, and then changes jobs and works for the law firm representing the opposing party on the same matter, a conflict exists.
If a close friend or family member is a party in a legal matter.
If the professional is involved in an organization or business outside the office that is a party to a legal matter.
If the professional, or anyone related to or close friends with the professional, has a financial interest in the outcome of the matter.

If any of these conflicts exist, it is your responsibility to notify your supervising attorney.