What is a Conflict of Interest in Legal Representation?

Intertwined Interests

Let's talk about conflicts of interest. Imagine you're hosting a party and two guests arrive who are not on speaking terms. You like them both, but helping one solve a problem means upsetting the other. That's kind of what a conflict of interest looks like in legal representation, especially in estate planning and probate matters in Washington State.

Let's break this down step by step—keeping it professional but easy to understand. By the end of this blog, you'll know what a conflict of interest is, how lawyers navigate these situations, and why a lawyer's loyalty to their client is such a big deal.

What is a Conflict of Interest?

A conflict of interest arises when a lawyer's responsibilities to one client clash with responsibilities to another client, a former client, or even the lawyer's own personal interests. In estate planning or probate matters, conflicts may be common due to family relationships, business arrangements, and emotional investments creating a complex set of dynamics.

Here are the key components of a conflict of interest:

• Personal Interest: A lawyer's personal connection or financial stake might compromise their ability to represent the client fairly.
• Significant Risk: There's a serious possibility that the lawyer's responsibilities to one client could be limited or affected by their duties to another party.
• Directly Adverse Interests: The lawyer's representation of one client is in direct opposition to another—like representing two siblings fighting over Mom's estate.

How do Lawyers Handle Conflicts of Interest?

Washington's Rules of Professional Conduct (RPCs) lay out a roadmap for lawyers to identify and manage conflicts. There are four steps that an attorney will take in relation to handling potential conflicts of interest. Let's walk through them:

Step 1: Identify the Client

First, the lawyer determines who the actual client is. Seems obvious, right? But in cases involving multiple family members or business partners, this step can get complicated. The earlier in the process the lawyer identifies the client, the earlier any potential conflicts can be spotted and avoided.

Step 2: Determine if a Conflict Exists

The lawyer must assess whether their responsibilities to the client could be influenced or compromised by other obligations. Is there a risk the lawyer might favor one sibling over another in an estate dispute? That's a red flag.

Step 3: Assess Whether the Conflict is Consentable/Waivable

Not all conflicts are dealbreakers. Some conflicts can be waived—but only if the lawyer determines they can still provide competent and diligent representation to each client involved. If it's impossible to remain unbiased, representation is prohibited. Waiver of conflicts must be obtained formally – see below.

Step 4: Obtain Informed Consent

If the conflict is consentable, the lawyer must:

• Explain the Risks: Talk to the client about the potential drawbacks and benefits of moving forward.
• Provide Alternatives: Share options for how the client can proceed.
• Confirm Consent in Writing: The client's consent needs to be documented. This might be an email, a signed form, or another form of written communication.

In Washington, consent must follow Rule 1.0A—meaning it can include electronic communications as long as it's timely and thorough. But don't skip the heart-to-heart conversation. The writing is just the memorialization that everyone is on the same page.

Can Clients Waive a Conflict of Interest?

Written Consent

The short answer is: sometimes.

Clients can agree to proceed even when there's a conflict, but the lawyer must determine if the conflict is consentable. There are three scenarios where consent won't cut it:

1. Incompetent or Undiligent Representation: If the lawyer cannot reasonably provide competent and diligent representation to all parties involved, representation is prohibited. See Rule 1.1 (Competence) and Rule 1.3 (Diligence).
2. Prohibited by Law: Some conflicts can't be waived because they're explicitly barred by law. For example, certain government lawyers face restrictions on private practice, even with a client's consent.
3. Direct Adversity in Litigation: If two clients are directly opposing each other in the same legal proceeding (e.g., one client suing the other), the lawyer cannot represent both, even with informed consent. Mediation might be an exception, but even that's risky.

Why is Informed Consent Such a Big Deal?

Here's the thing: legal matters—especially probate administration in the event estate planning was not done, or done poorly—can be messy. Family members might disagree, emotions can run high, and misunderstandings happen. By obtaining informed consent and confirming it in writing, lawyers create a record of what was agreed upon. It protects both the lawyer and the client from future disputes.

In Washington, informed consent requires:

• Authorization from the client before sharing any confidential information.
• A thorough discussion of risks, benefits, and alternatives.
• A reasonable opportunity for the client to ask questions and make an informed decision.

The goal is to ensure that the client fully understands what they're signing up for. Think of it like making an informed decision before clicking "Agree" on a user agreement—but way more important than giving a company access to your email.

Your Takeaway

Conflicts of interest are a balancing act. Lawyers in Washington have a duty to navigate these situations with integrity, transparency, and professionalism. Whether it's obtaining informed consent or stepping back to avoid nonconsentable conflicts, the ultimate goal is to uphold the client's trust.

So, next time you're at a party juggling two guests with opposing views, think of the lawyer trying to balance multiple clients in an estate planning case. It's not always easy, but with clear communication, a commitment to ethical practice, and a bit of grit, we manage to figure it out.

If you're dealing with an estate planning or probate matter in Washington and want to learn more about potential conflicts of interest, feel free to reach out. We're here to help—no awkward party moments required (but we accept invitations nonetheless)!