Vermont Bar Journal, Vol. 40, No. 2 Vermont Bar Journal, Fall 2017, Vol. 48, No. 3 | Page 31

by Mark Bassingthwaighte, Esq.
Conflicts of Interest and
Attorney Accountability
What happens in your firm after there’s
been a hit during a conflicts check? Hope-
fully the conflict concern is immediately
brought to the attention of the intake at-
torney. In firms that routinely and system-
atically check for conflicts, this does occur.
The interesting question however is this,
is that action in and of itself sufficient? I
would suggest that it is not, at least some
of the time, and here’s one reason why. An
identified conflict will occasionally put the
intake attorney in a precarious situation.
Sometimes there will simply be no bright
line rule upon which to draw when trying
to decide whether it is permissible to move
forward or not. Add to this the possibility
of a significant legal fee if the decision is
made to move forward and my concern be-
comes clear. Sometimes money drives eth-
ics and, if and when it does, that can come
back to haunt you.
When faced with a potentially serious
conflict that is coupled with a potentially
significant legal fee, well let’s just acknowl-
edge that reasonable minds may not always
make the most responsible decision. Per-
sonal desires, rationalizations, and financial
pressures can sometimes cloud one’s think-
ing. Given this reality, leaving any and all
conflict resolution decisions entirely up to
every intake attorney’s individual discretion
can res