Holding Attorneys Accountable for Divided Loyalties
When you hire a lawyer, you expect undivided loyalty. Attorneys in New York have an ethical and legal duty to put their clients’ interests first. A conflict of interest arises when a lawyer represents clients with competing interests, or when the lawyer’s personal or financial interests interfere with their duty to the client.
At The C. Paul Law Firm P.C., we represent clients who have suffered harm due to attorney conflicts of interest. When lawyers prioritize their own gain or another client’s case over yours, they may be liable for legal malpractice.
Call today for a free consultation: (212) 551-PAUL
What is a Conflict of Interest?
A conflict of interest occurs when a lawyer cannot give objective, independent advice because of divided loyalties. Even the appearance of bias can undermine a client’s rights. Under New York Rules of Professional Conduct, lawyers must avoid conflicts — and disclose them fully when they arise.
Common Examples of Attorney Conflicts of Interest
| Type of Conflict | Example | Why It’s Malpractice |
| Dual Representation | Representing both the buyer and seller in a real estate deal | Attorney cannot advocate equally for both sides |
| Adverse Representation | Representing a client against a current or former client | Breach of loyalty & confidentiality |
| Financial Interest | Attorney invests in or benefits from the client’s business or settlement | Divided loyalties undermine advice |
| Criminal Defense Conflicts | Representing multiple defendants in the same case | Creates competing legal strategies |
| Personal Relationships | Attorney represents a client while involved with opposing counsel | Risks compromised advocacy |
Proving Legal Malpractice in Conflict of Interest Cases
To succeed in a conflict of interest claim, a client generally must prove:
- Attorney-Client Relationship – A formal legal relationship existed.
- Conflict of Interest – The lawyer had divided loyalties.
- Breach of Duty – The conflict violated the attorney’s duty of loyalty and care.
- Damages – The conflict harmed the client’s case or financial outcome.
Compensation for Conflict-of-Interest Victims
If your lawyer failed to disclose or resolve a conflict, you may recover compensation for:
- Financial losses caused by compromised representation
- Legal fees wasted on conflicted counsel
- Damages for lost claims or unfavorable settlements
- Emotional distress from betrayal of trust
Frequently Asked Questions
Is every conflict-of-interest legal malpractice?
No. Some conflicts can be waived if fully disclosed and agreed to in writing by the client. Malpractice arises when conflicts are hidden or cause harm.
What if my lawyer represented me and my opponent?
This is one of the clearest forms of conflict of interest and may justify a malpractice claim.
Do I have to prove my lawyer intentionally harmed me?
No. Even unintentional conflicts that cause harm may result in liability.
How long do I have to file a conflict of interest claim in New York?
Generally 3 years, but deadlines may vary depending on when the conflict was discovered.
Serving [City] and the Greater New York Area
We represent victims of legal malpractice, including conflict of interest cases, in [City], Manhattan, Queens, Brooklyn, the Bronx, and across New York.