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Ethics/Professional Responsibility

Jan. 30, 2016

Enforcing advance conflict waivers

Conflicts of interest continue to be the most common alleged legal malpractice error, as well as a basis for disciplinary action.

Stanley Mosk Courthouse

Wendy Chang

Judge
Los Angeles County Superior Court

Loyola Law School, 1995

Wendy is based in the firm's Los Angeles office. She is a member of the American Bar Association's Standing Committee on Ethics and Professional Responsibility. She served as an advisor to the State Bar of California's Commission for the Revision of the Rules of Professional Conduct and is a past chair of the State Bar of California's Standing Committee on Professional Responsibility and Conduct. Wendy is a certified specialist in legal malpractice law by the State Bar of California's Board of Legal Specialization.

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Conflicts of interest continue to be the most common alleged legal malpractice error, according to a 2015 survey by Ames & Gough, as well as a basis for disciplinary action. As the legal industry specializes and contracts, potential conflicts become even more prevalent, and disqualification motions abound. Unquestionably, conflicts are important and lawyers must actively manage them.

One method attorneys use to manage the risk of a conflict of interest is advance conflict waivers. Th...

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