Fortifying a Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based on Conflicts of Interest Academic Article uri icon


  • This article addresses the prevailing problem of malpractice claims based on conflicts of interest. Part I of this article introduces the topic by underscoring the seriousness of all conflicts of interest and recommending preventative action. Part II describes measures that law firms can take to detect and manage conflicts and analyzes the effect of the firms ability to avoid conflicts claims on a firms ethical infrastructure. Part III focuses on some of the most common conflicts situations that result in malpractice claims and sanctions. The discussion includes selected conflicts cases that illustrate problems and patterns. Part IV concludes by urging firm manages to reassess the efficiency and long-term benefits of devoting time and resources to conflicts avoidance management.

published proceedings

  • St. Mary's Law Journal

author list (cited authors)

  • Fortney, S. S., & Hanna, J.

complete list of authors

  • Fortney, Susan Saab||Hanna, Jett

publication date

  • April 2002