Call Us 866.940.1101 ☰ ˟
866.940.1101
Logo
  • Home
  • About Us
    • About Us
    • Employee Directory
    • Partners Page
    • Event Calendar
    • Refer a Friend
  • Get A Quote
  • Products
    • Lawyers Malpractice Insurance
    • Professional Liability Coverage For Attorneys
    • Accountants Professional Liability
    • Dentist Malpractice Insurance
    • Business Owners Policy
    • Cyber Liability Insurance
    • Workers Compensation Insurance
    • Title Agents E&O Insurance
    • Paralegal Malpractice Insurance
  • Testimonials
  • Common Terms
    • Common Terms
    • Frequently Asked Questions
  • Blog
  • Contact
  • Areas We Serve
    • Grand Rapids, MI
    • Detroit, MI
    • Lansing, MI
    • Kalamazoo, MI
Home > Blog > Conflict of Interest Checks Essential for Attorney Malpractice Insurance
FRIDAY, AUGUST 24, 2018

Conflict of Interest Checks Essential for Attorney Malpractice Insurance

Conflicts of Interest CheckA leading cause of attorney malpractice claims is conflicts of interest. That little check box on the application can determine whether you get a preferred rate or even a malpractice quote from some insurers.  Beyond representing both parties in a proceeding such as a divorce, there are many hidden conflicts that can cause problems for law firms.  Not finding conflicts can lead to loss of clients, loss of fees, disciplinary issues and attorney malpractice claims.  Lawyers need to consider not only actual impropriety, but the appearance of impropriety when determining when to engage a client.

If you feel that there might be a conflict or potential, but are comfortable that it would not result in how you address the matter and does not violate the rules of professional conduct, at a minimum make sure to get informed consent from all parties that are impacted.  But certain things are a definite “no no”, i.e. representing both parties in litigation.

Your client intake procedures should check conflicts before even engaging the client.  A conflict check prior to engagement helps prevent later claims of legal malpractice and/or ethical violations arising from an alleged conflict of interest.  Get as many facts as possible regarding the potential parties to the matter making sure that you do not have any conflicts of interest with any other parties or potential parties should a litigation matter result in third-party claims, counterclaims or cross-claims.  Utilize a conflict checking software program to ensure that the engagement is proper. 

It is good practice to create and maintain the following file opening procedures: 

1.       Prepare a file-opening form. 

2.       Establish procedures so that a file/billing number is not assigned without first performing a conflicts check. 

3.       Update file-opening forms when new parties are added to a matter and make sure to update your conflicts system. 

Utilize conflict checking software that can search all active, inactive and closed matters for potential conflicts. Remember conflict checking software is only as good as the information in the system, “garbage in garbage out”.  Be sure that all relevant client information is entered into the conflict system, frequently updated and adequately backed up in the event of system failure.

Attorneys that do not perform adequate conflicts of interest checks can expect malpractice claims, disciplinary issues, and higher attorney malpractice premiums.

Posted 5:50 PM

Tags: legal liability, attorney malpractice insurance, lawyers professional liability insurance, attorney malpractice, conflicts of interest checks, claim prevention
Share |


No Comments


Post a Comment
Required
Required (Not Displayed)
Required


All comments are moderated and stripped of HTML.

NOTICE: This blog and website are made available by the publisher for educational and informational purposes only. It is not be used as a substitute for competent insurance, legal, or tax advice from a licensed professional in your state. By using this blog site you understand that there is no broker client relationship between you and the blog and website publisher.
Blog Archive
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2013
  • 2011

  • lawyers professional liability insurance(429)
  • attorney malpractice insurance(400)
  • attorney malpractice(337)
  • legal malpractice(225)
  • legal liability(134)
  • cyber insurance(106)
  • data breach(92)
  • ethics(87)
  • erp(57)
  • malpractice insurance(56)
  • claims(39)
  • title agency e&o(36)
  • accountant e&o(34)
  • extended reporting period endorsement(30)
  • tail(29)
  • phishing(25)
  • legal malpractice insurance(23)
  • prior acts(22)
  • claims made coverage(21)
  • extended reporting period(21)
  • cyber security(20)
  • cyber liability(18)
  • accountant errors & omissions(18)
  • claims reporting(18)
  • crime insurance(16)
  • ransomware(16)
  • claim prevention(16)
  • attorney protective cle(14)
  • the hartford weekly newsletter(14)
  • attorney protective cle webinar(14)
  • 2022 mcgowan pro cpe webinar for accountants(13)
  • professional liability insurance(13)
  • business owners insurance(12)
  • mcgowan webinar series for cpas 2021(12)
  • retirement tail(12)
  • attpro tip of the month(12)
  • legal liability insurance(11)
  • fee suits(10)
  • bop(10)
  • full prior acts(10)
  • cyber crime(10)
  • accountant errors & omissions insurance(10)
  • prior acts date(9)
  • step rating(9)
  • non-practicing erp(9)
  • cyber liability insurance(9)
  • title agent errors & omissions(9)
  • claims made(9)
  • coverage(8)
  • webinar(8)

View Mobile Version
Logo
Quick Links
Home Our Products Customer Service Payment Options Common Terms
About Us Refer A Friend Our Carriers Blog Contact Us
Location
2430 Camelot Ct SE
Grand Rapids, MI 49546

Local: 616.940.1101
Toll Free: 866.940.1101
Email: info@L2ins.com
Facebook Twitter Social LinkedIn
© Copyright. All rights reserved.
Powered by Insurance Website Builder