Conflict claims allege concurrent representation of adverse clients, successive representation adverse to a former client in a substantially related matter, or personal interests materially limiting the representation.
Informed written consent may cure some but not all conflicts.
Alternative Names:
Conflict Claim, Attorney Conflict Claim
Why it Matters?
Substantial relationship is the analytical center in successive representation claims, and it turns on whether the prior matter's confidential information would be relevant to the current one rather than on subject matter similarity alone. Damages are the other battleground, since a conflict producing no adverse outcome supports disqualification but may not support a damages claim. Fee forfeiture is the remedy plaintiffs pursue where damages are difficult.
Frequently Confused with
Related terms
Frequently asked questions
What is the substantial relationship test?
Does a conflict always support damages?
