Issues in Legal Malpractice Cases Based on Conflicts of Interest

Many malpractice cases against lawyers involve conflict of interest allegations, which are prohibited by professional ethics. This course explains that while ethical conflicts alone may not sustain a malpractice claim, they can contribute to liability if other claim elements are met. The course covers existing conflict of interest rules, including the Model Rules of Professional Conduct, and distinguishes between conflicts arising from current versus past representations. Additionally, it identifies the elements of malpractice claims and discusses the limitations and usefulness of alleging ethical conflicts in such claims, particularly from a defense perspective. Finally, the course addresses issues related to discovery of a firm's conflicts clearing process, internal discussions on conflicts, and the assertion of attorney-client privilege by malpractice defendants in response to client-plaintiff discovery, along with best practices for internal conflict vetting processes.


Learning Objectives:

1. Analyze the purpose and application of professional ethics rules regarding conflict of interest

2. Identify and understand how allegations of conflict of interest can impact a claim for malpractice, as well as the limitations of such allegations in terms of stating a viable claim for malpractice

3. Break down the assertion of attorney-client privilege against the client-plaintiff concerning discovery of the conflict-clearing actions and discussions within the defendant law firm