My Personal Injury Lawyer Has Told Me They Have a Conflict of Interest: What Does That Mean?
After being involved in an accident in Florida due to the negligence of another party, victims rely on personal injury attorneys to navigate the complex system and advocate on their behalf. In addition to navigating the complexities of the law, personal injury lawyers must also adhere to strict ethical standards. One of the most critical ethical obligations imposed on attorneys is the duty to identify, disclose, and properly address conflicts of interest as soon as they arise. But what does it mean when your attorney tells you they have a “conflict of interest?” Below, we look at what conflict of interest means, why it matters, and the steps you should take after learning that your lawyer has a conflict of interest.
What Is a Conflict of Interest in a Personal Injury Case?
A conflict of interest arises when competing obligations, interests, or relationships compromise an attorney’s ability to represent you fully and faithfully. In Florida, personal injury lawyers are ethically obligated to prioritize their clients’ interests, and when that’s not possible, they must take appropriate measures.
According to the rules set by The Florida Bar and the American Bar Association (ABA), attorneys must avoid situations where their judgment could be influenced by another client, a former client, a third party, a personal relationship, or their own interests.
Common Conflict of Interest Scenarios in Florida
In a Florida personal injury case, conflicts can arise in several ways, including:
- Representing multiple parties involved in the accident: If, for example, your attorney represents or has previously represented the at-fault driver, a passenger, or even a key witness, that may pose conflicting interests.
- Prior representation of the insurance company: A conflict may arise if the lawyer has previously worked for the insurance company that is defending against your claim.
- Financial or personal relationships: If your lawyer has a business or close personal connection with the defendant, an expert witness, or another party involved in the case, their impartiality may come into question.
Why Must Your Lawyer Disclose a Conflict of Interest?
If a conflict arises, an attorney is ethically obligated to disclose it without delay. In some limited circumstances, a conflict can be appropriately managed or waived, and the attorney can continue representing the client. In other cases, an attorney must withdraw immediately.
An attorney with a conflict of interest can unknowingly compromise your claim, weaken your negotiating position with insurers, or create legal problems that threaten the validity of a settlement or court outcome later on.
What To Do if Your Attorney Has a Conflict of Interest
If your attorney notifies you of a conflict of interest, consider taking these steps:
- Ask for a clear explanation of the conflict and how it affects your case.
- Determine whether the conflict can be managed or waived, or requires withdrawal.
- Ask for copies of your case file and any important documents.
- Seek a second opinion from another attorney promptly.
If you decide to change attorneys due to a conflict of interest, it’s vital to note that you cannot be penalized.
Contact Us for Legal Help
If an attorney has disclosed a conflict of interest, our Fort Lauderdale personal injury attorneys at The Pendas Law Firm can review your situation, protect your rights, and guide you forward. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Miami, Tampa, Jacksonville, Daytona Beach, West Palm Beach, Fort Myers, Bradenton, Naples, and Melbourne areas.