Conflict of interest

In plain English: a conflict of interest is when a lawyer's duty to you could be compromised by a duty to someone else, or by their own interests.

Common examples after an accident

• Driver and passenger. One lawyer representing both a driver and an injured passenger. If the driver may be partly at fault, the passenger may need to claim against them.
• Several injured people, one small policy. If the at-fault driver's insurance can't cover everyone, each person's share competes with the others.
• Past work for the other side. A firm that has previously represented the insurer, trucking company or business you're claiming against.
• Referral fees or financial links to a clinic, repair shop or funding company that are not disclosed.

What lawyers must do

Professional conduct rules in the US, UK and Canada generally require lawyers to check for conflicts before taking a case, and to explain any conflict to you. Some conflicts can be managed with your informed written consent. Others mean the lawyer can't act for you at all.

Questions to ask

• Have you or your firm ever acted for the other driver, business or insurer?
• If you represent other people from the same accident, how will you handle it if our interests clash?
• Do you receive or pay referral fees connected to my case?

Related: attorney-client privilege · how to hire an accident lawyer.

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