Conflict Check

What is a conflict check?

A conflict check is a review to determine whether taking on a new client or matter would create a conflict of interest with existing or former clients. Law firms, accounting firms, and consultancies run conflict checks before accepting engagements. The check searches for relationships that could compromise your independence or create legal or ethical problems. Failing to catch conflicts exposes your firm to liability and disciplinary action.

Running effective conflict checks

Search your client database for the prospective client, opposing parties, related entities, and key individuals. Include former clients since many conflicts survive the end of an engagement. Check for business relationships, investments, or personal connections. Document your search methodology and results. For complex matters, involve senior leadership in the clearance decision. Speed matters, but thoroughness matters more.

When conflicts arise

Some conflicts are absolute bars to representation. Others can be waived with informed consent from affected parties. Your professional rules dictate which conflicts are waivable. If you identify a conflict, determine whether a waiver is possible and appropriate. Get waivers in writing before proceeding. When waiver is not possible, decline the engagement. A lost engagement is better than a malpractice claim or disciplinary complaint.