Self-Audit Checklist Template Page 4
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11CONFLICTS OF INTEREST
Many law firms rely on the staffs’ collective memories to do their conflict of interest checking. This
method rarely works accurately over any period of time. Every case handled cannot be so memorable
that you will never forget every person involved. You should maintain a written conflict of interest
system and keep it up to date. All staff members should be trained to use the system and conflict
checks should be done prior to the discussion of any new matter with a client or potential client.
Yes
No
N/A
Do we maintain and update a master contact list of current client, former
clients, parties, employees and other individuals with cross references to
files to facilitate researching possible conflicts of interest?
Do we request information regarding other names (i.e., maiden, marital,
etc.) that potential clients and adverse parties may have used in the past as
part of our intake?
Do we check our master list for potential conflicts of interest before
interviewing the potential client about substantive facts and before
accepting a new client or matter?
Do we have a system to clear potential conflicts before proceeding with the
client intake?
Do we get a signed waiver from the client if representation is requested after
a potential conflict has been discussed?
Do we properly identify and record information regarding the adverse party?
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