#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.
Real Case
A client hired a lawyer, only to discover later that the same lawyer had represented the opposing company in a different case the previous year. The lawyer was noticeably passive in court and failed to submit key evidence. Investigation revealed the lawyer had an ongoing business relationship with the opposing company.
* This case has been anonymized. Details have been adjusted to protect privacy.
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 contract