CONFLICTS OF INTEREST

Loyalty is essential in the lawyer’s relationship to a client. So, a lawyer cannot represent opposing parties in the same lawsuit. Also, a lawyer cannot represent a client on other legal matters if it requires taking a position that directly harms another client, the lawyer, or the lawyer’s law firm. Sometimes it is easy to decide whether a problem (called a “conflict of interest”) exists. At other times, it is hard. When a questionable situation comes up, the lawyer must explain the facts and possible results to everyone.

Sometimes the lawyer must refuse to represent a potential client if the conflict is substantial and unavoidable. At other times, representation is possible if the affected persons consent. Sometimes, the consent must be in writing.

All this does not mean that each person needs his or her own lawyer on every transaction. For example, an attorney can often prepare a partnership agreement for small business partners with no problem, because the goals and interests of both clients are very similar. However, if the partners later have a dispute about the business, the attorney can’t represent both partners against each other, and can’t represent either one of them against the other without the consent of both parties. Although this type of consent can be oral, written consent is recommended.

A situation which requires written consent occurs when two parties want the lawyer to act as an intermediary between them. Mediation is growing in popularity, because it provides a way for people to resolve their differences more quickly, at a lower cost and without going to court. The lawyer must explain the advantages and risks to each party and must reasonably believe the matter can be resolved without going to court. If both parties consent in writing, then the lawyer helps them to resolve the dispute by developing the parties’ mutual interests, and the clients ordinarily must assume greater responsibility for decisions than when each client has a separate lawyer.

When you contact the B.J. Thompson law office about a matter, you will be asked to provide information which will be used to determine whether a conflict exists. Please understand that this process is best for both of us. Then B. J. Thompson has no problem being loyal to your interests, and you can feel comfortable being open and honest with her.