Conflict Checks

In Vermont, the failure to check for conflicts is a violation of the Rules of Professional Conduct.  See PRB Decision 123 and PRB Decision 160.

Last month, the New York State Bar Association’s Committee on Professional Ethics issued an advisory opinion on conflict checks.  It’s Opinion 1085 and is HERE.

The question presented to the Committee concerned conflict checks run by a law school’s legal clinic.  The clinic sought to represent a client in a post-conviction relief matter that involved issues  related to human trafficking.

Many of you don’t handle PCRs. Even more of you don’t handle cases involving human trafficking.  And even more of you don’t work at a law school’s legal clinic.

Still, don’t get lost in the facts specific to the advisory opinion.  The opinion includes several helpful tips on conflict checks in general.

For those of you who get lost in the facts, I’ve always wanted a street name.