What to Do If Your Attorney Does Not Disclose a Conflict of Interest

Attorneys are required to act in their clients’ best interests and must disclose any conflict of interest that could affect their ability to provide unbiased legal representation. A conflict of interest occurs when an attorney’s personal, financial, or professional obligations interfere with their duty to represent you. If your lawyer has failed to disclose a conflict, it could compromise your case and lead to legal malpractice. This guide outlines how to recognize undisclosed conflicts of interest, what steps to take, and how to protect your legal rights.

Signs Your Attorney May Have a Conflict of Interest

Not all conflicts of interest are immediately apparent, but common signs include:

• Representing Both Sides of a Case – If your attorney represents an opposing party, whether in the same case or a related matter, it could be a clear conflict.
• Business or Financial Ties to the Opposition – If your lawyer has a financial interest in the opposing party or business relationships that could bias their judgment, this may create a conflict.
• Divided Loyalty in Multiple Clients – If your attorney represents multiple clients whose interests do not align with yours, their ability to advocate effectively on your behalf may be compromised.
• Personal Relationships Affecting Judgment – If your lawyer has personal or family ties to the opposing party, it may impact their ability to remain impartial.
• Withholding Information That Affects Your Case – If your attorney is reluctant to share critical information or is making decisions that seem to benefit another party at your expense, they may be acting in bad faith.

Step 1: Review Your Retainer Agreement and Communications

Your retainer agreement should outline your lawyer’s ethical responsibilities and their duty to avoid conflicts of interest. Review your agreement and any correspondence to check for disclosure clauses or any indications that your attorney was aware of potential conflicts before taking your case.

Step 2: Address the Issue Directly with Your Attorney

If you suspect your attorney has a conflict of interest that was not disclosed, bring up your concerns and ask directly:

• Do they have any connections to the opposing party?
• Are they currently representing or have they previously represented any involved parties?
• Do they have any financial or personal interests that could influence their legal advice?

If your attorney admits to a conflict, they may be required to withdraw from the case or obtain your informed consent before proceeding.

Step 3: Seek a Second Legal Opinion

If your attorney is unresponsive or dismisses your concerns, consult another lawyer for an independent evaluation of the situation. A second legal opinion can help determine:

• Whether a conflict of interest exists
• How the conflict may have affected your case
• What legal options you have to protect your rights

A new attorney can also advise on whether your case has been compromised and whether legal action against your current attorney is warranted.

Step 4: File a Complaint with the State Bar Association

Attorneys who fail to disclose conflicts of interest may be in violation of the American Bar Association (ABA) Model Rules of Professional Conduct, as well as state ethics rules. You can file a complaint with your state’s bar association, providing:

• Documentation of the potential conflict (emails, case details, retainer agreement)
• Evidence of any harm caused by the conflict (case delays, lost opportunities)
• A summary of attempts to resolve the issue with your attorney

The bar association may investigate and impose disciplinary actions, such as suspension or disbarment, if ethical violations are found.

Step 5: Consider Legal Malpractice Action

If your attorney’s failure to disclose a conflict of interest has resulted in harm—such as financial losses, an unfavorable legal outcome, or a compromised case—you may have grounds for a legal malpractice claim.

To succeed in a legal malpractice lawsuit, you must prove:

1. Attorney-Client Relationship – Your lawyer had a duty to represent you.
2. Breach of Duty – They failed to disclose a conflict of interest that affected your case.
3. Causation – Their conflict of interest directly harmed your legal position.
4. Damages – You suffered financial or legal harm as a result.

If successful, a malpractice lawsuit may allow you to recover monetary damages for losses caused by your attorney’s misconduct.

What You Can Do

Attorneys are required to disclose conflicts of interest and act in their clients’ best interests. If your lawyer has failed to disclose a conflict, it may have serious consequences for your case. By addressing the issue, seeking independent legal advice, filing a bar complaint, or pursuing a legal malpractice claim, you can hold your attorney accountable and protect your legal rights.

We Can Help

If you suspect your attorney failed to disclose a conflict of interest, contact our legal malpractice attorneys today for a confidential consultation. We will review your case, advise on your legal options, and help you take the necessary steps to protect your rights.