Firms of every size, from a solo practice to a large office, run a conflict check before accepting a new matter. The attorney decides whether a conflict exists and what to do about it. Support staff make sure the search is thorough and the result is recorded.
Who to search
- The prospective client, including former names and related companies.
- Every adverse party, and their related companies.
- Other people involved: insurers, co-defendants, key witnesses, as the firm's policy requires.
Where to search
The firm's client and matter list, past and present, and any other records the firm's policy names. Search variations of each name, not just the exact spelling.
Record the result
For every search, write down who was searched, the date, who ran it, what was found and who cleared it. If a possible conflict comes up, it goes to the responsible attorney before any work begins.
Check again when things change
New parties join cases. Run a new search whenever someone new appears in the matter.
Our conflict check log records each search and its result.
Litigation support is performed at the direction of a licensed attorney. Whether a conflict exists, and how it is handled, is the attorney's decision under the applicable professional rules.
This article is general information, not legal, tax or regulatory advice. Rules change; confirm current requirements with the responsible agency or a licensed professional.
