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September 4, 2010

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Conflict of Interest

Lost case? When a lawyer is representing someone in any type of case or legal action, the lawyer must make that person a high priority. A lawyer should always have their client's best interests in mind. However, sometimes this is not always so, and a conflict of interest may be the result. If a conflict of interest is involved when it comes to a client’s lawyer and their case, this may result in the case being lost and a legitimate legal malpractice lawsuit may exist.

Do you or someone you know need assistance regarding a legal malpractice case? Contact a legal malpractice attorney today.

Some examples of conflicts of interest in a legal case include the following:

The lawyer knows members of the opposing party on a personal level
The lawyer has taken on a previous client that the current client is fighting
The lawyer is representing both sides in a dispute
Any personal issues the lawyer has with the client

Conflicts of interest can occur in many different situations. For example, let's say a married couple is getting divorced. The wife wishes to fight the husband with basically everything; child custody, ownership of the house, etc. She hires a lawyer to represent her and help fight for her so that she can get these things. The husband then needs to get a lawyer to fight back because he doesn't want to give up these things, so he gets a lawyer and it winds up being the same lawyer. The lawyer cannot represent both parties; how would it be possible when the two of them are fighting against each other? If a lawyer chooses sides (let's say he wants to help the husband win) he will actually not fight the case the way he should be for the wife, so that in the end, she loses.

This is one of the many examples in which conflict of interest can occur in a lawyer/client relationship. What if a lawyer happens to personally know the party that their new client is wishing to fight against? If the lawyer chooses to take on this case, it usually wouldn't be with favorable intentions towards their client, it would be in the other person's best interest - the person that the lawyer happens to know personally, whether it's a family member, spouse, or friend. If you or someone you know believe any type of conflict of interest has occurred during a legal case which caused the case to be lost, contact a legal malpractice lawyer today.

Do you or someone you know need assistance regarding a legal malpractice case? Contact a legal malpractice attorney today.

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Did You Know?

Some Legal Malpractice complaint lawsuits result in large amounts of money.

Last year, almost 2,000 victims received over $100,000.

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Lawyers are still committing legal malpractice

Each year lawyers that commit legal malpractice overcharge fees, lose cases, or neglect their client’s needs and statistics show approximately 35,000 legal malpractice cases occur each year.

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Emotional Distress can be sought in legal malpractice cases

After losing your legal case because of your lawyer, there is traumatic emotional distress build up from the previous case and now combined with the malpractice from this lawyer, you are faced with more emotional problems and are entitled to compensation.

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Personal Injury case are the largest area in legal malpractice.

In fact, lawyers representing a client in a Personal Injury case make up approximately 25% of legal malpractice cases.

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