Lawyer Conflicts of Interest: A Guide with Tips & Scenarios

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