A thorough conflict-checking system protects your firm from conflicts of interest, ethical violations, and potential liability when onboarding new clients. Below are five practical ways to strengthen your process and ensure it works smoothly and ethically.
Get Conflict-Checking Out of Your Head
When we first started practicing law, conflict checks looked very different. At one of Canada’s largest firms — with offices as far away as Europe and Asia — we’d get the “Pink Sheets” every Monday. These bright pink lists of new clients had to be reviewed by every lawyer. We circled familiar names, then sent them back to the managing partner. Even in our Budapest office, the Pink Sheets found their way to our desks.
While technology has advanced, the principle remains the same: every firm, no matter its size, needs a reliable conflict-checking process. Here’s how you can refine yours.
1. Keep Your Database Accurate and Organized
A conflict system is only as good as the data behind it. Your database should include all current and past clients, opposing parties, witnesses, and other key players.
At intake, make sure staff record full details — including alternative spellings and abbreviations. For example, the Royal Bank of Canada might appear as:
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Royal Bank of Canada
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The Royal Bank of Canada
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Royal Bank
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RBC
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Banque Royale du Canada
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La Banque Royale
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Banque Royale
Set firm-wide naming standards to ensure consistency. This creates the foundation for a reliable conflict check.
Tip: Solo and small firm lawyers may be tempted to keep this information in their heads — don’t. Conflicts are part of intake, and intake is something you should be able to delegate.
2. Screen All New Clients and Matters
Conflict checks don’t just apply to brand-new clients — every new matter needs to be screened as well. Review:
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Current and past clients
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Opposing parties, witnesses, and stakeholders
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Business and personal connections that could create indirect conflicts
Tip: Automating this step saves time and reduces human error. Legal intake and practice management tools like Clio Grow or Lawmatics can search client and case data for conflicts. Larger firms may consider dedicated conflict-checking software that integrates with case files, employee lists, financial holdings, and prior employment records.
3. Watch for All Types of Conflicts
Conflicts aren’t always straightforward. In addition to direct conflicts, be alert for:
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Positional conflicts – e.g., taking opposite stances on similar legal issues in separate cases.
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Business or financial conflicts – e.g., your firm has a financial interest in the outcome.
4. Get Written Consent When Needed
In smaller firms, the simplest solution is often to decline conflicted matters. But if you do proceed, always obtain informed written consent from all affected parties.
Create standard waiver templates with space for details about the conflict and its risks, and advise clients to seek independent advice before signing.
Tip: Have templates ready not only for waivers but also for non-engagement and closure letters.
5. Apply Ethics Walls Firm-Wide
Ethics walls must extend beyond attorneys. Everyone at the firm — from IT to admin staff to cleaning personnel — needs to respect confidentiality. Safeguards should include:
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Restricting access to both paper and digital files.
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Configuring software so users can’t view information from unrelated cases.
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Separating workspaces, teams, and communication channels.
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Providing clear written guidelines for all staff.
The Bottom Line: Modernize Your Conflict Checks
If your firm is still relying on outdated systems — the “modern-day Pink Sheets” — it’s time to modernize. The key is to build a process that is proactive, consistent, and transparent. By clearly defining how you identify, assess, and resolve conflicts, and by implementing safeguards like written waivers and firm-wide ethics walls, your firm can manage conflicts of interest both effectively and ethically.