Lawyer conflict interest software

Once the check is complete, record the results of the check, including the date and time the check was done. If a conflict is flagged, or even suspected, the person answering the phone can schedule a follow-up call with the attorney to discuss the matter. Indicate that the firm has time to investigate and to evaluate whether the case is worth dealing with conflict waivers.

In the old days, folks would tell young lawyers to break out three binders , or three stacks of notecards, and track clients, opposing parties, and associated contacts in the three respective places. That sounds a bit like sending a telegraph, or tapping out a page memo on a typewriter. These days, you will probably use technology to help maintain a database of contacts and conduct an attorney conflict check. Here are a few tools that can help with the conflict checking process.

Things such as name, address, phone, date of birth, relationship to firm, former names, etc. Make a note in the file or intake notes that a conflict check was run, who ran it, and what date and time it was completed. For Clio Manage customers, there is a built-in search function at the top of the practice management suite.

So long as you have entered the relevant information into the client and matter fields, and created related contacts for opposing and other parties, searches of just a few characters should pull up relevant results.

It has a feature that, with the click of a button and a few search terms, will run a conflict check. It will search contacts, matters, matter notes, billing records, and anything else you specify, and generate a report. This is my personal favorite because it turns a conflict check into a thirty-second process. It also creates notes for me, and is so simple that pretty much anyone can do it. There is also a dedicated list of various types of conflict checking software provided by US Legal.

We all heard it in law school, during bar prep, and at countless CLEs. Download the day free trial. Avoid Conflicts. RTG Conflicts helps you avoid conflicts of interest. Low Cost. Act Now! As a back-up and an ancillary means of identifying potential conflicts, smaller firms can circulate a list of new clients and matters to all lawyers and staff on a regular basis, e.

Each person should review this list for possible conflicts. Without this documentation, the potential client might later claim that they relied on you for legal representation, or that you received confidential information from them which could preclude you from acting against their interests in future.

After your letter has been sent, confirm with the person that they actually received it, and document this fact. Ideally, a designated conflicts or ethics partner or for a larger firm, a committee of three partners should be responsible for determining whether the firm can accept the new client or retainer, and if so, on what terms.

This decision should be final. Cost is one reason. The other reason is that most smaller firms are using their existing accounting or practice management software. But some conflicts of interest can be managed. The rules of professional conduct allow lawyers to act in the vast majority of cases, despite actual or likely conflicts of interest, if the firm has the informed consent of the affected client s or former client s , i.

Indeed, it may not always be practical to turn down a potential client out of concern of acting against the interests of a former client. The Supreme Court of Canada, for example, has recognized that in small communities, there may not be other lawyers who can act on the other side of a transaction McCauley v. Note, however, that the consent of a client is unlikely to be effective if you act against that client in a matter substantially related to your earlier representation of that client — even if the client is sophisticated or received independent legal advice concerning their consent Chiefs of Ontario v.

Neil specifically allows a law firm to act in these circumstances. In some instances, it may be possible to set up an ethical screen or wall when an imputed conflict of interest arises.

The idea is to prevent the involved lawyer or lawyers and staff from being exposed to confidential information relating to a matter currently or previously handled by other lawyers or staff e. Whether or not this will provide protection against being disqualified from acting depends on how effective the screen is. The larger the firm, the less chance of contact between screened and non-screened lawyers.

The physical layout of the office and proximity of the involved lawyer to the screened lawyer is another factor. The most commonly followed standards for erecting an ethical screen are the guidelines developed by a Canadian Bar Association task force see below. The screened lawyer should not discuss the current matter or any information relating to the representation of the former client the two may be identical with anyone else in the law firm. No lawyer in the law firm should discuss the current matter or the previous representation with the screened lawyer.

The current matter should be discussed only within the limited group that is working on the matter. No lawyer in the new law firm should show the screened lawyer any documents relating to the current representation.

The measures taken by the law firm to screen the transferring lawyer should be stated in a written policy explained to all lawyers and support staff within the firm, supported by an admonition that violation of the policy will result in sanctions, up to and including dismissal. Affidavits should be provided by the appropriate law firm lawyers setting out that they have adhered to and will continue to adhere to all elements of the screen.

The former client, or if the former client is represented in that matter by a lawyer, that lawyer, should be advised: a that the screened lawyer is now with the law firm, which represents the current client, and b of the measures adopted by the law firm to ensure that there will be no disclosure of confidential information.

The screened lawyer should use associates and support staff different from those working on the current matter. MacKenzie notes that, as a result of R.

Conflict of Interest Management — Best Practices Visit our resource library for industry best practices and how our Conflict of Interest Management Software has helped numerous clients in your industry.

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