If you are looking for legal representation, you’ll have encountered the term “conflict check” but it rarely comes with an explanation. So, what is a conflict check?
A conflict check is a mandatory process that lawyers must perform before taking on a new client to ensure that they do not have any conflicts of interest that would compromise their ethical and professional obligations.
Here’s some context:
A conflict of interest occurs when a lawyer’s loyalty or judgment is divided between two or more clients, or between a client and the lawyer’s own interests. For example, a lawyer cannot represent you in an employment case if they have previously represented your employer. This would create a conflict of interest as the lawyer would have access to confidential information that could affect your case, or they could have a financial or personal incentive to favour one party over the other.
To avoid such situations, lawyers must adhere to the rules of professional conduct that govern their practice. In Canada, these rules are set by the Federation of Law Societies of Canada, as well as by each provincial and territorial law society. One of the rules set by these bodies requires lawyers to conduct a conflict check before accepting a new client or a new matter.
The actual process of a conflict check involves gathering information about the parties involved in the legal matter and checking it against the lawyer’s own records of past and present clients, as well as those of their law firm. It also involves consulting with other lawyers in the firm to determine if they have any personal or professional relationships that could create a conflict of interest.
The conflict check process takes place during the initial consultation when the potential client contacts the lawyer or the law firm for legal assistance. The potential client is asked to fill out a Know-Your-Client (KYC) form, which asks that basic information be provided, such as their name, contact details, and the names of the other parties involved in the legal matter.
The information provided is then entered into the law firm’s conflict check system, which is a database that stores and cross-references the names and details of all the clients and matters that the firm has handled or is handling. The information is then reviewed and any potential conflicts of interest are flagged.
If a conflict of interest is identified, the lawyer will inform the potential client that they cannot represent them and will explain the reason for the conflict. The lawyer may also suggest alternative options, such as referring the potential client to another lawyer or law firm.
The conflict check process may seem frustrating or inconvenient, especially if you are in a hurry to get legal help. However, it is an efficient, necessary and beneficial step that protects both you and the lawyer from potential ethical violations, legal malpractice, or adverse consequences. While it may seem like a delay at the start, it is helping you in the long run.
Caravel has over 100 legal experts equipped to help you and your business. To learn more about our services, connect with us today!