the word conflict when lawyer are having them

How do lawyers deal with conflicts?

 · There are a variety of conflicts of interest that can prevent a lawyer from taking on a particular case. The conflict may occur between the prospective client and one of the attorney's current or former clients. There can also be concerns if a client's interests are in conflict with the lawyer's professional or personal relationships.

What is an attorney conflict of interest?

 · Rule 1.7 emphasizes that the analysis of any conflict of interest, including a conflict between a lawyer’s interest and the client’s interest, must be considered at the time the lawyer undertakes the representation, and must be analyzed in light of the potential risk to the client. If there is a “significant risk” that the lawyer’s interest in the matter will cause the lawyer …

What is the source of conflict between in-laws?

 · Not long after, Robert commenced an action against Michelle to have her removed as co-estate trustee, claiming that she had misappropriated estate assets and breached her fiduciary duty. Three years into the litigation, Michelle parted ways with her lawyer and chose a lawyer at SE to take over her defence. Robert immediately brought a motion to ...

What are some words that mean conflict?

 · 7. Review points of agreement and also disagreement. Do not minimize the conflict. Name it honestly and explore it, even introducing third party opinions and "devil's …

What does it mean when a lawyer says there is a conflict?

A conflict of interest is defined as a conflict between professional duties and private interests, or when there is a conflict between the duty to one client and another.

What is an example of a conflict of interest in law?

For example, if the client is looking to sue a particular business that happens to be owned by the lawyer's brother-in-law, there's a clear conflict of interest for the attorney. It's also possible for there to be an issue if the potential client's interests are at odds with the attorney's own interests.

What is a conflict of interest in an attorney client context?

A conflict of interest is involved if there is a substantial risk that the lawyer's representation of the client would be materially and adversely affected by the lawyer's own interests or by the lawyer's duties to another current client, a former client, or a third person.

How do lawyers handle conflict?

Managing Conflict in Law Practice and LifeWhat's Good About Conflict. As Clarence Darrow pointed out, conflict is part of being human. ... Stick to Business. ... Look for the Leadership Opportunity. ... Use the Other Person's Style Preferences. ... Don't Ignore Emotions. ... Expand the Ways You Deal with Conflict.

What is an example of a conflict?

For example, if the protagonist is fighting his or her government, or is accused of a crime he or she didn't commit, these would be examples of Man vs. Society as conflict. If a protagonist is going against the grain of what his or her society and people expect, this is also an example of Man vs. Society conflict.

What are the two conflicts involving representation of clients?

The recommended approach tracks the ABA Model Rule, which generally describes two kinds of conflict situations relating to current clients: (1) those involving direct adversity, (MR 1.7(a)(1)), and (2) those involving a significant risk that a lawyer's representation of current clients will be materially limited by the ...

What are the two types of legal conflicts?

What are the two kinds of legal conflicts are resolved in our legal system? Criminal and Civil cases.

What is considered a conflict of interest?

A conflict of interest occurs when an individual's personal interests – family, friendships, financial, or social factors – could compromise his or her judgment, decisions, or actions in the workplace. Government agencies take conflicts of interest so seriously that they are regulated.

What are the types of conflict of interest?

Types of conflict of interest and dutyActual conflict of interest: ... Potential conflict of interest: ... Perceived conflict of interest: ... Conflict of duty: ... Direct interests: ... Indirect interests: ... Financial interests: ... Non-financial interests:

How does the noun 'conflict' contrast with its synonyms?

Some common synonyms of conflict are contention, discord, dissension, strife, and variance. While all these words mean "a state or condition marked...

In what contexts can 'contention' take the place of 'conflict'?

The words contention and conflict are synonyms, but do differ in nuance. Specifically, contention applies to strife or competition that shows itsel...

When might 'discord' be a better fit than 'conflict'?

Although the words discord and conflict have much in common, discord implies an intrinsic or essential lack of harmony producing quarreling, factio...

When can 'dissension' be used instead of 'conflict'?

The synonyms dissension and conflict are sometimes interchangeable, but dissension implies strife or discord and stresses a division into factions....

Where would 'strife' be a reasonable alternative to 'conflict'?

In some situations, the words strife and conflict are roughly equivalent. However, strife emphasizes a struggle for superiority rather than the inc...

When could 'variance' be used to replace 'conflict'?

While in some cases nearly identical to conflict, variance implies a clash between persons or things owing to a difference in nature, opinion, or i...

What conflicts with a lawyer's interests?

Conflicts With The Lawyer’s Interests — Generally. A lawyer must consider whether a client’s interests conflict with the lawyer’s personal or business interests. Again, the issues directly relate to the lawyer’s duty of loyalty to the client.

What is a lawyer's transaction and terms?

the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client;

What happens if a lawyer borrows money from a client?

Lawyers who borrow money from clients are especially at risk for a malpractice lawsuit or discipline, particularly when the parties do not memorialize the loan with a promissory note or the terms of the promissory note are inadequate or unfavorable to the client. See, e.g., People v. Robinson, 853 P.2d 1145 (Colo. 1993) (lawyer was suspended after he borrowed money from client but failed to disclose the differing interests involved and failed to collateralize the loan); People v. Schindelar, 845 P.2d 1146 (Colo. 1993) (lawyer was disbarred after he borrowed funds from vulnerable client, failed to disclose inadequacy of security for the loans, failed to provide appropriate legal documents to ensure repayment, and failed to discuss conflicts of interest with client); see also, e.g., People v. Potter, 966 P.2d 1060 (Colo. 1998); People v. Barbieri, 61 P.3d 488 (Colo. PDJ 2000); People v. Attorney B, Case No. 00SA338 (Nov. 20, 2001); People v. Doering, 35 P.3d 719 (Colo. PDJ 2001); In re Cimino, 3 P.3d 398 (Colo. 2000).

Why was a Colorado lawyer suspended?

In People v. Wright, 698 P.2d 1317 (Colo. 1985), the Colorado Supreme Court suspended a lawyer for, in part, investing a client’s trust funds in a mining venture that the lawyer represented and in which the lawyer was also heavily invested. The lawyer failed to disclose his personal investment in the venture to the clients. The mining venture failed, and the client’s trust funds were lost. The court found that the lawyer had “allowed his personal interests to affect the exercise of his professional judgment on behalf of his client in violation of DR 5-101 (A).” Id. at 1320. Because of the conflict of interest and other ethical lapses, the lawyer received a two-year suspension. Id. ; People v. Mason, 938 P.2d 133 (Colo. 1997) (lawyer suspended after he took an interest in a client’s mountain cabin that was the subject of litigation); People v. Bennett, 843 P.2d 1385 (Colo. 1993) (lawyer disbarred).

What are business transactions between lawyers and clients?

Business transactions between lawyers and clients are the subject of considerable civil litigation and numerous disciplinary actions. In most of the published decisions, the lawyer has in some way violated at least one of the principles of Colo. RPC 1.8 and Restatement § 126. For example, in People v. Nutt, 696 P.2d 242 (Colo. 1984), the Colorado Supreme Court suspended a lawyer after the lawyer assisted the clients to obtain financing for a construction project. The lawyer and his mother-in-law provided the funds for the loan without disclosing the source of the funds or disclosing that the lawyer received a $5,000 loan origination fee. The loan was secured by real property. The clients would not have been likely to obtain financing through conventional sources. The Colorado Supreme Court held that, as a lender and a holder of a long-term mortgage on the client’s property, the lawyer’s interests were necessarily adverse to his clients’ interests. The lawyer argued that since the clients could not have obtained financing elsewhere, they were not harmed by his undisclosed conflict and, in fact, received a benefit from the loan. The supreme court agreed that the terms of the loan were fair and that the clients had suffered no harm, but the court was unimpressed by the “no harm, no foul” argument. The court held that “assuming the client is not prejudiced by the lawyer’s violation of the Code, that fact is only one of mitigation.” Id. at 246 (quoting People v. Gibbons, 685 P.2d 168, 174 (Colo. 1984)).

Is a contract between a lawyer and client voidable?

The court has also held that contracts between lawyers and clients are not void but are voidable. O’Byrne v. Scofield, 212 P.2d 867, 870 (Colo. 1949).

Can a lawyer transact business with a client?

Indeed, it is often impractical for a lawyer not to transact business with a client. Colo. RPC 1.8, cmt. [1]. In Lindsay v. Marcus, 325 P.2d 267 (Colo. 1958), the Colorado Supreme Court held that “ [b]usiness dealings between attorneys and their clients are generally subject to searching scrutiny, but when fair, are upheld as other contracts.” Id. at 272.

How to keep task conflict from becoming relationship conflict?

Finally, research has discovered a surprisingly simple way to keep task conflict from becoming relationship conflict: establish trust. Since satisfactorily addressing conflict can raise exponentially the trust between parties, the more conflicts people work through, the more they trust each other, making them more able to raise and handle disputes.

What is good about conflict?

What's Good About Conflict. As Clarence Darrow pointed out, conflict is part of being human. The good news is that conflict is not all bad. For one thing, it means you are not surrounded by "yes" people. And those differences of opinion can fuel innovation and creative problem solving. Effectively managing conflict or dissent can be beneficial in ...

Do you have to apologize for a personal injury?

Yes, apologize. In the recently evolving "law of apology," a number of states protect expressions of contrition made in personal injury cases against discovery. In addition to recognizing this humane touch, courts have found such statements, unlike deny-and-defend strategies, actually improve chances of settlement.

What to do when you feel stumped over recurring conflicts?

If you feel stumped personally over recurring conflicts, consider hiring a coach. Coaching is a highly useful tool for career enhancement generally and the right coach can raise your conflict skills. Having a coach doesn't mean you're a loser who needs a crutch.

What is avoidance in conflict resolution?

Avoidance is also the conflict mode of choice for many introverts, which lawyers overwhelmingly are. The problem is that avoidance usually resolves nothing. Adding even one of these approaches to your repertoire can increase your conflict resolution rates. 1. "Might makes right.".

What is avoidance in law?

Avoidance is the other method lawyers routinely use to deal with conflict. "If I don't acknowledge it, I won't have to fight over it" is an understandable response when your conflict resolution skills are limited and you don't really want to "beat" the other person, or risk "losing." Avoidance is also the conflict mode of choice for many introverts, which lawyers overwhelmingly are. The problem is that avoidance usually resolves nothing.

What is the Thomas Kilmann Conflict Mode Instrument?

The Thomas-Kilmann Conflict Mode Instrument identifi es five methods for handling conflict, each with different levels of assertiveness and cooperativeness. The executives tested to formulate the assessment's norm utilize collaboration the most, then compromising and competing, followed by avoidance and accommodation, suiting the best technique to the situation at hand.

What is the definition of conflict?

1 a lack of agreement or harmony. the conflict between absolute freedom and personal responsibility. Synonyms for conflict. disaccord, discord, discordance, discordancy, disharmony, dissension.

What is the antonym for "conflict"?

calm, peacefulness, tranquillity. (or tranquility) Antonyms for conflict. peace. 4 an earnest effort for superiority or victory over another. the eternal conflict between the forces of good and evil. Synonyms for conflict.

Is dissension a conflict?

The synonyms dissension and conflict are sometimes interchangeable, but dissension implies strife or discord and stresses a division into factions.

What does conflict mean in a static application?

While all these words mean "a state or condition marked by a lack of agreement or harmony," conflict usually stresses the action of forces in opposition but in static applications implies an irreconcilability as of duties or desires. the conflict of freedom and responsibility.

Is conflict the same as strife?

In some situations, the words strife and conflict are roughly equivalent. However, strife emphasizes a struggle for superiority rather than the incongruity or incompatibility of the persons or things involved.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

Can a lawyer represent two clients?

A lawyer must be loyal to his or her client. This means that a lawyer cannot represent two clients who are on opposite sides in the same or related lawsuits. And, ordinarily, there can be no representation of a client whose interests would conflict with the lawyer’s interests.

Do lawyers tell clients what they are charged?

The amount the lawyer charges for legal work must be reason­able, and the client should be told the specifics of all charges. Confidentiality. With few exceptions, a lawyer generally may not tell anyone else what a client reveals about a case.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

Why should a lawyer refuse to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

What are the highest responsibilities of a lawyer?

Among the highest responsibilities a lawyer has is his or her obligation to a client. A number of strict rules and commonsense guidelines define these responsibilities.

What is attorney misconduct?

Attorney Misconduct. Behavior by an attorney that conflicts with established rules of professional conduct and is punishable by disciplinary measures.More than any other profession, the legal profession is self-governing. That is, it is largely regulated by lawyers and judges themselves rather than by the government or outside agencies.

What is considered misconduct by an attorney?

Any breach of the trust by the attorney that underlies the relationship between that attorney and the client can be considered misconduct. For example, an attorney is often called upon to hold or transfer money for a client, and in this situation, the client places an extraordinary amount of trust in the lawyer.

What is misconduct in a lawyer?

Any breach of the trust by the attorney that underlies the relationship between that attorney and the client can be considered misconduct. For example, an attorney is often called upon to hold or transfer money for a client, and in this situation, the client places an extraordinary amount of trust in the lawyer. Any misuse of the client's money by the attorney—called misappropriation of client funds—constitutes a serious breach of trust and a gross example of misconduct. This offense includes stealing from the client, mingling the attorney's money with that of the client, and controlling client funds without authorization. The model rules require that funds given to a lawyer by a client be kept in an account separate from the lawyer's own account.

What is a gross example of misconduct?

Any misuse of the client's money by the attorney—called misappropriation of client funds —constitutes a serious breach of trust and a gross example of misconduct. This offense includes stealing from the client, mingling the attorney's money with that of the client, and controlling client funds without authorization.

Can an attorney represent a client who is not married?

If an attorney is related to another attorney as parent, child, sibling, or spouse, that attorney may not represent a client in opposition to the related attorney except when given consent to do so by the client. This type of conflict of interest has become increasingly common as more women enter the legal profession and the number of marriages between attorneys grows. State bar associations, such as that of Michigan, have held that these guidelines also apply to lawyers who are living together or dating but are not married. The potential for conflict of interest when the opposing attorneys are married or romantically involved is clear. Imagine a woman representing a client in a personal injury lawsuit seeking millions of dollars worth of damages from a manufacturer, with her husband representing the manufacturer. As a couple, they have a monetary interest in gaining a large settlement from the manufacturer, thereby giving the husband an incentive to lose his case. Given this conflict of interest, the couple is obligated to reveal to their clients the fact that they are married. If the clients agree to go ahead with the case regardless of the conflict of interest, then the attorneys may decide to continue their representation.

Is an attorney guilty of misconduct?

Similarly, an attorney is guilty of misconduct if he or she makes a deal with the client for acquisition of the book, film, or media rights to the client's story. Providing a client with financial assistance also introduces a conflict of interest into the attorney-client relationship.

Can an attorney enter into a business transaction with a client?

Conflict of interest rules also forbid an attorney to enter into a business transaction with a client unless the client is fully aware of how the transaction will affect his or her Legal Representation and agrees to the transaction in writing. Similarly, an attorney is guilty of misconduct if he or she makes a deal with ...

What are the types of conflict in the workplace?

The first of the three types of conflict in the workplace, task conflict, often involves concrete issues related to employees’ work assignments and can include disputes about how to divide up resources, differences of opinion on procedures and policies, managing expectations at work, and judgments and interpretation of facts.

What are the types of conflict in an organization?

In particular, three types of conflict are common in organizations: task conflict, relationship conflict, and value conflict. Although open communication, collaboration, and respect will go a long way toward conflict ...

What are the effects of disputes involving values?

According to MIT professor Lawrence Susskind, disputes involving values tend to heighten defensiveness, distrust, and alienation. Parties can feel so strongly about standing by their values that they reject trades that would satisfy other interests they might have.

What is value conflict?

Value Conflict. The last of our three types of conflict, value conflict, can arise from fundamental differences in identities and values, which can include differences in politics, religion, ethics, norms, and other deeply held beliefs .

How to bring people together?

Discovering things you have in common—whether a tie to the same city, children the same age, or shared concerns about problems in your organization—may help bring you together. If you feel comfortable, bring up the source of the tension and focus on listening to the other person’s point of view. Resist the urge to argue or defend your position.

What to do when you have a long simmering tension with a colleague?

Suppose you’ve felt a long-simmering tension with a colleague, whether over work assignments, personality differences, or some other issue. Before turning to a manager, you might invite the colleague out to lunch and try to get to know him or her better. Discovering things you have in common—whether a tie to the same city, children the same age, or shared concerns about problems in your organization—may help bring you together.

How to resolve task conflict?

This can be done through active listening, which involves asking questions, repeating back what you hear to confirm your understanding, and asking even deeper questions aimed at probing for deeper concerns. Try to engage the parties in a collaborative problem-solving process in which they brainstorm possible solutions. When parties develop solutions together, rather than having an outcome imposed on them, they are more likely to abide by the agreement and get along better in the future.

How to prevent in-law conflict?

In-law relationships are not simple. Balancing loyalties, drawing boundaries between ourselves and the people we love, and resisting the self-protective biases that blind us to our own unfairness are all essential to prevent in-law conflict from overwhelming a marriage—and to silence those cries of "Whose side are you on?"

Why is it important to understand in-law relationships?

The person who wants to be both a loyal spouse and a loyal son or daughter can experience a dilemma that can rock a marriage to its roots, and this is one reason it is important to understand the intricacies of in-law relationships.

What does Melissa say to her daughter in law?

Melissa feels she is being cast as domineering wife and grudging daughter-in-law. "I wish you'd just decide for yourself," she tells him. "I wish you'd tell her, at least once, that you'd really prefer to spend the weekend with me.". article continues after advertisement.

What is Cal's loyalty dilemma?

Cal's aggressive approach to his loyalty dilemma puts his marriage at risk, but men who try to avoid the dilemma are unlikely to achieve a happier outcome. Luisa describes a furious quarrel with her husband, Eric, that occurred when she felt that her mother-in-law was particularly rude to her.

Is a parent in law unconditional?

A parent-in-law may be loving, but this love is rarely unconditional. A parent's conspicuous and continual assessment of a son's or daughter's spouse, combined with vulnerability ("How will my child's marriage impact on my special relationship?"), form the bedrock of the ancient conflict between in-laws.

Do men have a lower tolerance for conflict?

In a family setting, this common "truth" turns out to be nonsense. In fact, men have a lower tolerance for probing conversation and verbal conflict. John Gottman at the University of Washington monitored heart rate, blood pressure, and adrenaline levels of both spouses during marital quarrels, and found that men become physiologically overwhelmed much more quickly than women. With his pulse rate rising rapidly during an argument, and his elevated pressure, a husband may instinctively remove himself from the fray. This "stonewalling" technique of shutting down receptors and turning your body and mind into a stone wall is a defence against the stimuli that flood our system when we sense danger. Going blank, refusing to show a response, or leaving the room are all defensive acts. Eric withdraws from Luisa to protect both of them. But to Luisa, Eric's withdrawal conveys disdain, icy anger, and rejection. His attempt to defuse the argument actually escalates it.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Why is it so expensive to go to court?

It's expensive because we have to wait in line too. Going to court is more than dressing up in a fancy suit and knowing what papers to fill out. Attorneys have to wait in line just like the "regular folk" and we are at the mercy of the court staff just like everyone else. If you get a bill that includes time spent waiting in court, it's not usually exaggerated. While some people may stretch the truth - if you want to see whether I had to wait an hour for the case to get called, then just come with me to court. Some courtrooms have more than 50 cases on the call. Your case may not be first or even ninth. I have been number 210 on the list before. It takes time. Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.