Question

Question : You are working with Redwood and Associates. Your company was hired by Mindy Peters to pursue her divorce action against George Peters. You worked with Charles, one of the firm’s associates on the Peters case. Several weeks later you resigned your position at Redwood and Associates to work for Law Connection. Law Connection has been hired by George Peters to represent him in his custody action against his former wife, Mindy Peters.

Discuss whether a conflict of interest exists, and explain what you would do in this situation.

Provide an example of a conflict of interest situation that would interfere with the private mediation process.

Answer: The given situation is a violation of the duty of confidentiality towards the client, the lawyer was handling ( directly or indirectly) in the past, and now going to represent the other party. This is against the ethics of the legal profession and a professional lawyer should not undertake such case.

An example of conflict of interests is,

John, a legal practitioner, works with a prestigious legal firm. He is a star performer and has a reputation in the legal fraternity and among the clients. He is asked to represent a criminal case against Wilson, who incidently happens to be his childhood friend whose identity he knew only after taking the case.

Question : Do you think there is a reason to raise a question of conflict of interest?

Question : is violation of the duty of confidentiality. and Is this the same thing as a conflict of interest? And, what about conflict of interest in a business environment. What does this usually involve?

Answer 1

Do you think there is a reason to raise a question of conflict of interest?

Conflict of interest may adversely affect the lawyer’s capability to represent its client when he himself have some interest in the case like either the person involved in the case is known to him or any of his personal interest.

Lawyer will not be in the position to exercise his independent judgement efficiently.

Like in the given example, the judgement of the lawyer will be biased knowing the fact he happens to know him in the past and his judgement will include his past perception or affection that he may have for him.

is violation of the duty of confidentiality. and Is this the same thing as a conflict of interest

Violation of duty of confidentiality would take place when the lawyer discloses the information of his client which he possesses as in fiduciary state which the client discloses him to represent his case to the court.

So in the given case, if the lawyer discloses the information which he obtains as an lawyer of Mindy Peters, it will be breach of confidentiality duty that he owns towards the client.

The case doesn’t clearly explain whether he disclosed such information or not. He must not act in this case, rather any other lawyer working in law connection can do so only in Good faith and ethical practise.

Conflict of interest exists when the lawyer happens to know the person involved in the case personally or either he himself have some pecuniary or other interest in the same.

While confidential is different from conflicts of interest as confidential information is the information he got as a lawyer from the client and is not supposed to disclose the same either during or after the case. It is against its professional ethics.

Example where both exists – Lawyer A is Director of the Company XYZ Ltd., who is the opposite party in the case and the case involves the rights over the property.

Now if lawyer discloses or use any information which is shared by his client to the Company, this will be breach of confidential duty. And there is a conflict of interest as he is a Director of XYZ Ltd.