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

St. Mary's Law Journal, Vol. 33, No. 4, 2002

52 Pages Posted: 19 Oct 2009 Last revised: 12 Nov 2009

Susan Saab Fortney

Texas A&M University School of Law

Jett Hanna

affiliation not provided to SSRN

Date Written: October 16, 2002

Abstract

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 firm’s ability to avoid conflicts claims on a firm’s 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.

Keywords: legal malpractice, law firms, conflict of interest

JEL Classification: K19

Suggested Citation

Fortney, Susan Saab and Hanna, Jett, Fortifying a Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based on Conflicts of Interest (October 16, 2002). St. Mary's Law Journal, Vol. 33, No. 4, 2002. Available at SSRN: https://ssrn.com/abstract=1490171

Susan Saab Fortney (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States
817-212-3902 (Phone)

Jett Hanna

affiliation not provided to SSRN

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