Parties, Roles, and Litigation Teams
Counsel Roles
Conflicts include concurrent representation of adverse clients, successive representation adverse to a former client in substantially related matters, and personal interests limiting the representation. Informed written consent cures some conflicts.
Some conflicts are non-consentable.
Alternative Names:
Attorney Conflict, Representation Conflict
Why it Matters?
The tripartite insurance defense relationship creates recurring conflicts where the carrier's coverage position diverges from the insured's interest, which is what triggers independent counsel obligations in many states. Recognizing the divergence early matters because continuing joint representation after a conflict arises exposes counsel to disqualification and malpractice claims. Reservation of rights letters are the usual signal.
Frequently Confused with
Related terms
Frequently asked questions
What conflict recurs in insurance defense?
What is the usual signal?
