Conflicts of interest arising out of attorney-client relationships can occur in many ways. Common instances occur, for example, when representation of one client might adversely impact another client, or when two firms with potentially adverse clients wish to merge.  Navigating the applicable conflict of interest rules can prove challenging, particularly when a complicated factual scenario is presented.

Accordingly, the following link provides an outline of some of the practical issues to consider when beginning to navigate a conflicts clearance matter: Making a List: The Conflicts Check.

In addition, various free resources pertaining to conflicts clearance may prove helpful.  Here are two Massachusetts-focused examples, and you will find similar resources for many other states: Massachusetts Rules of Professional Conduct and Massachusetts Bar Ethics Advice.

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The following free, non-state-specific resources are also available: Model Rules of Professional Conduct and ALPS Advice.

Finally, free forms, such as the ones provided in the link below, also provide an excellent springboard when waivers are appropriate. Freivogel on Conflicts sample forms

Your firm’s librarians have skill sets and experience that will be an advantage in conflicts checking, including deep knowledge of information resources; attention to detail; excellent interviewing skills when taking on information requests; database and process management; and legal and business research, for example. If your firm is considering revisions to its conflicts clearance process, your information professionals will prove invaluable as you review conflicts policies and protocol, the intake process, research tools and techniques, and database management.