Who determines conflict of interest for an attorney?

Answer by  patti (29325)

Legal ethics with a dash of common sense determine conflict of interest. An attorney knows full well when there may be appearances of circumstances that might lead to accusations of bias. If the attorney cannot see this, a judge will.

Answer by  KWags1977 (427)

Your attorney should know if any conflicts come up and he must remove themselves from your case. If not the other sides attorney will bring it to the judge's attention.

Answer by  patti (29325)

The attorney is supposed to be aware of potential conflicts of interest. If not, a judge will take the matter in hand and not be happy about it.

Answer by  Darry (3853)

Typically an attorney will recuse himself when he realizes he has a conflict of interest with a current case. If he does not other participating attorneys can petition for his removal or the judge can deem there is a clear case of conflict of interest. It is most common that an attorney will recuse himself, however.

Answer by  maugemaria (74)

It could be the law firm for whom the attorney works, it could be the client the attorney is going to represent, or it could be attorney himself.

Answer by  withluck (1745)

An attorney can declare conflict of interest, or it can be decided by the court system. An attorney may request removal from the case if there is conflict of interest.

Answer by  rainbow (96)

The attorney should determine if there is a conflict, and make a determination if they should be involved in a case. At the least, any relationship that could be a conflict must be disclosed to the client. Each state has a code of professional responsibility that also outlines what a conflict is and what the attorney is expected to do.

Answer by  luvlexis83 (798)

Anyone client, corporation, or lawyer who believes the lawyer is acting unethical or in conflict of interest can file a claim against an attorney. Following any claim the attorney will be subject to one or more disciplenary hearings. Most law firms have software just to prevent having clients that will result in a conflict of interest.

Answer by  Anita27 (656)

It is up the the attorney and his client to determine if there is a conflict of interest. The attorney has a duty to be upfront about his relationship with the other party and the client may decide his interest are better represented by someone else.

Answer by  Mary (2095)

The first person to determine conflict of interest is the attorney or attorneys depending on the situation. Second would be a judge if one attorney or their client thinks there may be a conflict with the attorney of the opposing party. Finally a client may in appealing a decision or in a complaint to the state bar may.

Answer by  epiphany (1)

If the judge and lawyer on same case have gone on a 17 day trip together last yr isthat considered a conflict for the other party in a case? They said it was a bar conference trip .... No mention of conferences on itinerary...