Conflicts of Interest: How They Could Affect Your Case
Legal Malpractice

When you hire an attorney, you trust them to advocate solely for your best interests. However, a conflict of interest can compromise that trust and potentially harm your case. Understanding what constitutes a conflict of interest and its implications is crucial, particularly when dealing with legal malpractice cases. At The Kassab Law Firm, we focus exclusively on representing plaintiffs in legal malpractice cases, ensuring our clients’ rights are protected.
Conflict of Interest in Texas
A conflict of interest arises when an attorney’s obligations to one client are at odds with their obligations to another client, a third party, or even their own interests. Common examples include:
- Representing opposing parties in the same litigation.
- Having a financial stake in the outcome of a case.
- Personal relationships with individuals involved in the matter.
- Representing clients whose interests directly conflict with those of current or former clients.
In Texas, the rules governing conflicts of interest are stringent. The Texas Disciplinary Rules of Professional Conduct require attorneys to avoid situations where their loyalty or judgment could be compromised. Failure to adhere to these rules can constitute legal malpractice, leaving clients vulnerable to adverse outcomes.
Conflicts of interest can severely undermine the integrity of legal representation. Some ways they may affect your case include:
- Impaired Judgment: An attorney with divided loyalties may struggle to provide objective advice or pursue the best course of action for your case. Their decisions could be influenced by their obligations to other clients or personal interests.
- Compromised Confidentiality: If an attorney represents multiple parties with conflicting interests, sensitive information could be misused, intentionally or unintentionally. This breach of confidentiality can lead to strategic disadvantages and further complications in your case.
- Adverse Outcomes: Decisions influenced by conflicts may lead to unfavorable settlements, judgments, or even dismissal of your case. Attorneys distracted by conflicts may not dedicate the full effort or resources required to achieve the best results for their clients.
- Delayed Proceedings: Conflicts of interest can result in procedural delays, as opposing parties or courts may challenge the attorney’s ability to represent you. These delays can increase legal costs and prolong emotional and financial stress.
- Erosion of Trust: The very existence of a conflict can undermine the trust between you and your attorney, making it difficult to maintain effective communication and collaboration throughout your case.
- Legal and Ethical Violations: Attorneys failing to address conflicts of interest may violate state bar regulations or ethical codes, exposing themselves to disciplinary actions and exposing you to additional risks.
- Dual Representation Risks: In cases where attorneys represent multiple clients in related matters, their ability to advocate zealously for one client may be limited by obligations to others.
These issues not only jeopardize your legal matter but may also constitute grounds for a legal malpractice claim. Learn more about the standards for proving legal malpractice on this page.
Identifying and Addressing Conflicts of Interest
Clients should remain vigilant in identifying potential conflicts of interest. Key red flags include:
- Your attorney is reluctant to disclose prior or current relationships with opposing parties.
- Decisions in your case seem inconsistent with your best interests.
- The attorney is unwilling to discuss how they manage potential conflicts.
If you suspect a conflict of interest, address your concerns immediately. Our Texas legal malpractice attorneys at the Kassab Law Firm are well-equipped to investigate these situations and hold attorneys accountable for ethical violations. For insights into how legal malpractice insurance may affect your case, visit this link.
Call The Kassab Law Firm Today
Conflicts of interest can have devastating effects on your legal matter, but you don’t have to face these challenges alone. The Kassab Law Firm’s team of experienced legal malpractice lawyers is ready to help you hold negligent lawyers accountable. Contact us today to schedule a consultation.