#22
Hiring StageHigh Risk
The lawyer has previously represented your opposing party or their affiliates
Hidden Conflict of Interest
Why It's Dangerous
Even if a lawyer isn't currently representing the other side, a past engagement may mean they hold insider information or maintain an implicit understanding with the opposition. This hidden conflict is harder to detect than a direct referral but equally dangerous.
Typical Scenario
A client hired a lawyer, only to discover later that the same lawyer had previously represented the opposing company in a different case. The lawyer was noticeably passive in court and failed to submit key evidence. The client had reason to suspect an undisclosed business relationship between the lawyer and the opposing company.
* This scenario is illustrative, based on common patterns observed in legal disputes.
What To Do
1
Before hiring, ask the lawyer whether they have ever represented the opposing party or its affiliates2
Search the lawyer's past cases on public court record databases3
If you discover a conflict of interest, switch lawyers immediately4
Include a conflict-of-interest disclosure clause in the engagement contractHave you experienced this?