Discussion Materials - Conflict of Interest

Think about the type of practice you'd like to engage in.  What type of conflicts do you expect to confront?  How will you avoid them?  How will you address them if they arise?  What are the real consequences to attorneys and firms of conflicts and potential conflicts?  How effective are the rules at helping attorneys in this area?  Be prepared to discuss your thoughts and concerns in class.

If you want to see how actual lawyers characterize these problems and try to resolve them, see Susan P. Shapiro, Everests of the Mundane: Conflict of Interest in Real-World Legal Practice, 69 Fordham L. Rev. 1139 (2000).  A longer, more in-depth discussion of her survey and lawyer responses can be found in her book, Tangled Loyalties: Conflict of Interest in Legal Practice (University of Michigan Press 2002).