Conflicts of interest are an important consequence for any attorney who accepts a case within their firm, so is it a conflict of interest if they decide to now be the attorney of record and the Process Server and the Title Agency? According to a recent article and the DOJ it appears it may be!
According to the Restatement of the Law Governing Lawyers, a conflict of interest exists “if there is a substantial risk that the lawyer’s representation of the client would be materially and adversely affected by the lawyer’s own interests or by the lawyer’s duties to another current client, a former client, or a third person.” The key is whether the lawyer’s exercise of independent professional judgment is likely to be unduly influenced by other interests. So you need to ask yourself…… If I have an interest in another company related to the cases I handle, am I likely to do something different or be tempted to do something that a truly independent lawyer wouldn’t do? The answer may be an astounding “Yes”. Just take a look at the article attached below then ask yourself if it’s worth it.
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