Strengthening Your Firm’s Conflict-Checking Process

Strengthening Your Firm’s Conflict-Checking Process

A strong conflict-checking process is critical for law firms to avoid conflicts of interest, manage ethics, streamline intake, and reduce liability. An article by Attorney at Work offers these five strategies to enhance your firm’s conflict management approach.

Maintain an Updated Database

A comprehensive, organized client database is essential. This database should cover all parties involved in past and current matters—clients, opposing parties, witnesses, and stakeholders. Ensure intake captures correct names and alternative spellings (e.g., “Royal Bank of Canada,” “RBC”), which streamlines conflict checks. Avoid mental notes; record everything systematically to delegate intake and conflict-checking efficiently.

Conduct Thorough Checks for Every Intake

Every new client and matter requires a conflict check, even for existing clients. Screen for conflicts involving current and former clients, opposing parties, witnesses, and significant business relationships. Automated tools like Clio Grow or standalone conflict-checking software streamline this process by analyzing firm data and highlighting potential conflicts in real time.

Account for Various Conflict Types

Conflicts go beyond direct client conflicts. Also, consider positional conflicts (e.g., opposing legal stances in different cases) and financial interests. Recognize these nuanced conflicts to maintain firm integrity.

Document Conflict Waivers

In cases where conflicts are waived, ensure informed, written consent. Standardize waiver templates that clearly explain risks and advise clients to seek independent counsel. Also, non-engagement and closure letters should be used to document relationships accurately.

Apply Ethics Walls Firm-Wide

Ethics walls aren’t just for lawyers—they apply to all firm employees. Limit access to sensitive files and partition systems, create dedicated teams for conflicted matters, and communicate policies to every team member.

Updating your conflict-checking process from outdated methods to a structured, proactive approach reduces risks and fosters ethical practice across your firm.