Fortifying a Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based on Conflicts of Interest

Date

2001

Authors

Fortney, Susan Saab

Journal Title

Journal ISSN

Volume Title

Publisher

St. Mary's Law Journal

Abstract

This article addresses the prevailing problem of malpractice claims based on conflicts of interest. Part I of this article introduces the topic by underscoring the seriousness of all conflicts of interest and recommending preventative action. Part II describes measures that law firms can take to detect and manage conflicts and analyzes the effect of the firm’s ability to avoid conflicts claims on a firm’s ethical infrastructure. Part III focuses on some of the most common conflicts situations that result in malpractice claims and sanctions. The discussion includes selected conflicts cases that illustrate problems and patterns. Part IV concludes by urging firm managers to reassess the efficiency and long-term benefits of devoting time and resources to conflicts avoidance management.

Description

Co-Author: Jett Hanna

Rights

Rights Availability

Keywords

Legal malpractice, Law firms, Conflicts of interest

Citation

33 St. Mary's L.J. 669