Conflict of interests may lead to legal malpractice

| Oct 1, 2020 | legal malpractice |

When residents of North Carolina face legal trouble, they may turn to an attorney who has a firm grasp of the type of law their situations involve. Like anyone seeking legal help, they will want to know that the professional they hire has the experience, qualifications and history of success that will improve the chances of meeting their goals. They also want to know the attorney has no conflict of interest that may result in legal malpractice.

Attorneys should always have the best interests of the clients in mind. To this end, they should avoid any situation that may present a conflict of interests. This means their relationship with the client or actions taken during the case should not be clouded by other relationships that oppose the goals of the client. For example, if a lawyer is related to someone a client is trying to sue, this may present a serious conflict of interests since the attorney may be reluctant to take steps that may cause harm to a relative.

At times, it is not easy to identify when a conflict exists, but a respectable attorney should always be alert to the possibility in every case. In some cases, however, a conflict of interests may not prevent a lawyer from representing a client. For example, if the client receives written disclosure of the conflict but still agrees that he or she will receive fair representation, state law may permit the attorney to represent the client.

Unfortunately, not every lawyer will disclose a conflict of interests. This means that some clients may suffer damages resulting from poor representation. Those in North Carolina who believe a conflict of interests negatively affected the outcome of their legal matter may reach out for a complete evaluation of their case by someone with experience handling legal malpractice issues.