What constitutes a conflict of interest for an attorney?
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What constitutes a conflict of interest for an attorney?
I am appointed POA for my mother. My sister is backup POA if I am unable and unwilling to perform my duties. My sister is trying to activate her POA. I just found out that my sister’s lawyer is the same as my mother’s lawyer. This seems to create a conflict of interest on the lawyers part. hat do you think?
Asked on June 24, 2014 under Estate Planning, Arizona
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
I am assuming that he represented your Mother first here. If representing your sister creates a "concurrent" conflict of interest he can not represent your sister (for one exception). A concurrent conflict of interest exists if:
(1) the representation of one client will be directly adverse to another client; or
(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.
BUT, and this is a big but, the conflict may be waived in writing and:
(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;
(2) the representation is not prohibited by law; and
(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal.
It is not clear to me that the conflict will in fact exist but there is always a possibility. If you believe that your sister in unduly influencing your Mom that is another related issue that could create a conflict. You should speak with an attorney in your area yourself. Good luck.
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