Hiring a lawyer isn’t just about finding someone who knows the law; it’s about finding someone who owes you their undivided loyalty. That’s where conflict research, a key ethical requirement, comes in.
So what is it? Why does it matter? And what happens if your lawyer messes it up?
Let’s break it down.
What Is Conflict Research?
Conflict research aka a conflict check, is the process a lawyer or law firm uses to figure out if they have any conflicts of interest before they agree to represent you.
This process however, is not just paperwork or a box to check. It’s a very serious legal and ethical safeguard.
Lawyers are obligated to determine:
- Have we ever represented the opposing party?
- Do we hold confidential information that could affect this case?
- Does anyone in our firm have a relationship that creates a bias or risk?
- Would our representation of this client limit our ability to represent someone else?
This is true for criminal, civil, family, corporate, and nonprofit law. And it’s not optional; it’s a basic requirement of ethical practice under professional conduct rules in every state.
Why It Matters (A Lot)
If your lawyer has a conflict of interest and doesn’t disclose it, or worse, doesn’t even check, you could be walking into court with someone who’s not fully on your side.
That might mean:
- They’re trying to protect another client (maybe even someone on the other side).
- They’re influenced by a prior relationship or employer.
- They’re holding back on strategy because it could hurt someone else they represent.
The result? You lose trust. You lose fairness. You could lose your freedom.
In criminal law, this isn’t just shady; it’s unconstitutional. The Sixth Amendment guarantees you the effective assistance of counsel, and a conflicted lawyer isn’t effective, no matter how experienced they are.
What Happens If a Lawyer Fails to Do Conflict Research?
If they screw up (and it happens more than you’d think) the fallout can be serious.
For the Client:
- You might be entitled to a new trial, appeal, or case dismissal.
- You could sue for legal malpractice if the conflict caused harm.
- You may have to start over with a new attorney mid-case.
- In criminal matters, your conviction could be overturned if the conflict violated your rights.
For the Lawyer:
They could be disqualified from the case and it’s not a good look. They may face ethics complaints, suspension, or disbarment. In severe cases, especially if harm is proven, they could face civil liability or court sanctions.
How Can You Tell If Your Lawyer Might Have a Conflict?
Some red flags to watch for:
- They seem evasive when you ask who else they’ve represented.
- They push a plea or settlement that doesn’t make sense for you.
- They used to work for a prosecutor’s office or worse, your prosecutor.
- You find out later they were tied to someone else involved in your case.
You have the right to ask who your lawyer has represented and whether they’ve done a conflict check.
A good lawyer will be transparent. A bad one will dodge.
What To Do If You Suspect a Conflict
- Ask directly. Request in writing whether a conflict check was performed and what it showed.
- Document everything. Keep emails, call logs, and court documents.
- Consult another attorney. Even just for a second opinion.
- File a complaint. If the conflict harmed your case, report it to the state bar.
Final Thought: A Conflict Isn’t Just a Technicality, It’s a Breach of Trust
A lawyer’s job is to fight for you.
When they fail to do conflict research, ignore what it reveals, or hide their allegiances all together, they’re not just breaking rules.
They’re breaking the bond that makes justice possible.
If you’ve been impacted by a conflict of interest in your case, you’re not alone. More people are coming forward, more courts are taking it seriously, and more watchdogs (like Clutch) are paying attention.
Because in a system already stacked against too many, the least you deserve is a lawyer who’s truly in your corner.
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