Lawyers encounter a wide variety of scenarios with a conflict of interest. Lawyers often struggle with the ethical way to respond.
Fortunately, there is an outstanding, free resource available to attorneys seeking guidance on conflict of interests: Freivogel on Conflicts: A Guide to Conflicts of Interest for Lawyers. This is invaluable guidance for lawyers facing ethical questions regarding conflicts of interest.
William Freivogel explains how to handle a wide variety of scenarios with fact patterns to illustrate the problems:
- Appealability of Disqualification
- Arbitration of Malpractice Claims
- Bankruptcy
- Banks/Trust Departments
- Board Positions
- Changing Firms – Screening
- Class Actions
- Client Mergers/Asset Sales
- Co-Counsel/Common Interest
- Commercial Negotiations
- Corporations
- Corporate Families
- Criminal Practice
- Current Client – Part I
- Current Client – Part II
- Derivative Actions
- Enjoining Conflicts
- Expert Witness
- Former Client – Part I
- Former Client – Part II
- Government Entities
- Hot Potato
- Initial Interview
- Insurance Defense
- Investing in Clients/Stock for Fees
- Issue/Positional Conflicts
- Joint/Multiple Representation
- Lawyer as Expert Witness
- Lawyers Representing Lawyers
- Malpractice Liability/Fee Forfeitures
- Of Counsel
- Opposing Lawyers Negotiating a Practice Merger
- Partnerships
- Settlement Agreements
- Standing
- Trade Associations
- Underlying Work Problem
- Waivers/Consents
- Waiver/Consent Forms
- Witness – Adverse – Current/Former Client
- Zero Sum Games