Why do West Palm Beach Probate Lawyers Conduct Conflict Checks Before Speaking With a Potential Client?

Have you been interviewing trust and estates lawyers recently? Have they all made you provide them with a list of the parties involved before discussing your probate or guardianship matter with you? Why do West Palm Beach lawyers do this? There are strict ethics and conduct rules that lawyers in Florida must follow. One of those rules is that lawyers must avoid conflicts of interests. This is so that clients are represented fairly. Florida probate lawyers know that Rule 4-1.18 of Florida’s Rules of Professional Responsibility governs conflicts of interests regarding an attorney’s prospective clients.  A recent Third DCA opinion, Lopez v. Flores discusses this rule. 

In relevant part, rule 4-1.18(c) says:

“A lawyer… may not represent a client with interests materially adverse to those of a prospective client in the same… matter if the lawyer received information from the prospective client that could be used to the disadvantage of that person in the matter… If a lawyer is disqualified from representation under the rule, no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in the matter.”

In Lopez v. Flores, confidential information was shared by a party with an associate of Kluger Law Firm. This disqualified the associate at Kluger Law Firm from representing the opposing party. Because one lawyer from Kluger Law Firm was disqualified, none of the lawyers at Kluger Law Firm can represent the opposing party in the same matter.

To read the entire case, click here.