Conflict Research 101: What Lawyers Must Check—and What Happens When They Don’t

What Is Conflict Research?

A conflict check — also called conflict research — is the process a lawyer or law firm uses to determine whether any conflict of interest exists before agreeing to represent a client. It is a key ethical requirement under professional conduct rules in every state, and it is not optional. It is a foundational legal and ethical safeguard.

Attorneys are obligated to determine whether they have ever represented the opposing party, whether they hold confidential information that could affect the case, whether anyone at their firm has a relationship that creates bias or risk, and whether representing this client would limit their ability to represent someone else fully and effectively. This requirement applies uniformly across criminal, civil, family, corporate, and nonprofit law.

Why It Matters

A lawyer with an undisclosed conflict of interest is not fully working for their client — whatever they may claim. The conflict may mean they are protecting another client, including someone on the opposing side. It may mean they are constrained by a prior employer’s interests. It may mean they are holding back on strategy because it could harm a different relationship. In any of those scenarios, the client loses the foundational thing they are paying for: a lawyer who is entirely, unconditionally on their side.

What Happens When a Lawyer Fails to Run a Conflict Check

For the client, a missed conflict check can mean the right to a new trial, appeal, or case dismissal. It creates potential grounds for a legal malpractice claim if the conflict caused demonstrable harm. In active criminal matters, a conviction may be overturned if the conflict violated the client’s constitutional rights. For the lawyer, the consequences include disqualification from the case, ethics complaints filed with the state bar, suspension or disbarment, and civil liability if harm is proven.

Red Flags to Watch For

Clients should treat the following as warning signals requiring immediate inquiry: an attorney who is evasive when asked about prior representation; pressure toward a plea or settlement that does not appear to serve the client’s interests; a lawyer who previously worked for a prosecutor’s office — particularly the same office prosecuting the current case; and discovery, at any stage, that the attorney has undisclosed ties to another party in the matter. Every client has the right to ask their attorney directly, and in writing, whether a conflict check was performed and what it showed. A competent attorney will answer clearly. An attorney with something to hide will not.

What to Do If a Conflict Is Suspected

The steps are straightforward: ask directly and request the answer in writing. Document all communications, including emails, call logs, and court documents. Consult a second attorney independently to assess whether the concern is founded. If the conflict caused harm to a case, file a complaint with the state bar. Clutch Justice is tracking conflict of interest patterns in Michigan courts and wants to hear from clients who believe undisclosed conflicts affected their representation.