If you have been involved in a car accident, it is important to obtain the services of a personal injury lawyer so that you can best navigate this confusing situation. An attorney can guide you on the course of action that you should take and will sit down with you to get the facts of the case to understand it. In law terminology, conflict is a common word that you hear. If you have an attorney that is working with you and taking on your case, can he represent every party in the accident?
Read along as we discuss what conflict means and if your attorney can represent every party in an accident.
What is conflict?
Conflict or conflict of interest happens when a lawyer who is representing one client can potentially harm the interests of another client. A great example of this is a car accident that involves family members. If multiple family members are in the car, an attorney can represent all the members of the family but with some exceptions.
There will be situations where the number of damages that will be awarded to the victims, in this case, you and your family member, and conflict arises when there is not enough money to compensate for all the victim’s damages.
Can my lawyer represent every party in the accident?
This is not unheard of but it is always advisable to have a different attorney representing each party individually because having one attorney represent each party can be prone to conflicts of interest.
Let’s take the example of a car accident. If both the passenger and driver are injured in an auto accident caused by another driver, they can sue the at-fault driver for damages. Additionally, the passenger of the car that was hit, can also bring a claim to the driver of the car because he was the one behind the wheel especially if the accident could have been avoided.
In this specific example, one lawyer cannot look out for both parties’ interests especially if the passenger decides to pursue legal action against the driver.
How can conflict arise?
There are many ways that conflict can arise in a legal case. Besides the examples that are given above, conflict can also arise when a lawyer’s personal or business interests conflict with the client’s interests. If the lawyer is handling multiple victims of the case, he should be careful not to disclose the private information of other parties that he is handling. The lawyer must keep their customer’s privacy to the highest level and should maintain confidentiality at all times.
Conflict can arise at any time during the representation process and it is best to have different personal injury lawyers representing each party individually to avoid conflict altogether. Conflict of interest can put stress on the case and it might mean that you have to get a new attorney which would set back the whole process. It is best to do it right the first time instead of starting from scratch again when the process has been started.
If for any reason, the lawyer’s personal or financial interests can limit the lawyer’s ability to represent the client, the lawyer should be prohibited from continuing with the representation.
Conflict can also arise when the representation of one client can have adverse effects on another client. If an attorney is representing multiple people in the same case, this should be disclosed to all parties to avoid any issues.
What problems can arise with conflict of interest?
Ethical problems can arise if there are conflicts of interest from an attorney who is representing multiple parties at once. The main issue would be if the settlement and amount of damages paid out are not enough to cover what each party is asking for – this can be a huge issue between the parties because determining what amount to get is tricky.
Some law firms undergo an actual count of their clients at the beginning of the year just to make sure that there will be no conflicts that can arise potentially. Other law firms have a software tracking system wherein they can monitor conflicts of interest.
If you need a personal injury lawyer – contact Jordan Law in Orlando today!
Conflicts can be avoided in a personal injury case by getting individualized representation. By doing this, you can ensure that your best interest is protected. If you need a personal injury lawyer – contact Jordan Law in Central Florida today!
Our group of legal experts can help you navigate the law so that you can best be armed with the information needed for your case. Getting proper representation is important especially if you are dealing with a personal injury case stemming from an accident. Jordan Law can help you every step of the way and make sure that you will get the payout and results that you deserve.