Decline a Client Due to a Conflict of Interest
There are occasions in the course of your career when you must decline a client due to conflict of interest. Client conflicts particularly are occurrences in the legal and psychiatric professions, although they occur in other professional arenas as well. Not only must you guard against a conflict of interest in your selection of clients, you need to understand what course of action to take to decline a prospective client due to a conflict of interest.
Instructions
1. Maintain a reliable system in your office through which you can determine if a potential client conflict exists. Being unaware of a conflict does not absolve you from the negative consequences of involving yourself in a conflicted situation.
2. Review a prospective client within your conflict prevention regimen in your office to identify a potential problem.
3. Draft a succinct letter to your client. In the letter, indicate that you discovered a potential conflict and will not be able to undertake representation of that individual.
4. Reference a potential conflict in your letter declining representation. However, do not go into detail as to what the conflict is or why it exists. If the conflict is the result of your representation of another client, do not mention the name of that person in your letter.
5. Spell out specifically that you are not representing the potential client or providing any services to that person.
6. Advise the potential client to obtain a different attorney or provider in a timely manner.
7. Keep a copy of the letter for your own records.
8. Mail the letter to the prospective client via U.S. certified mail, return receipt requested.
