Conflicts of Interest With Your Injury Lawyer in 2025

## Why Conflicts Matter

Your lawyer owes you undivided loyalty. A conflict of interest exists when the lawyer's duties to you collide with duties to someone else or with their own interests. Conflicts can quietly undermine your case because the lawyer may not push as hard as they should. Knowing how conflicts arise lets you spot and address them.

Common Conflicts in Injury Cases

1. Representing multiple parties in the same crash. If a lawyer represents both the driver and a passenger from one car, and there is any chance the driver was partly at fault, their interests diverge. The passenger might have a claim against the driver.

2. Prior or ongoing relationship with the defendant or insurer. If the firm also does work for the insurance company you are fighting, loyalty is compromised.

3. Personal or financial interest. A lawyer with a stake in a recommended medical provider or settlement-funding company may steer your case to benefit themselves.

4. Friend or family connection to the opposing party.

5. Settling multiple clients together where one client's gain comes at another's expense (aggregate settlements).

Why Conflicts Are Dangerous

A conflicted lawyer faces divided loyalty. They might:

• Avoid blaming a co-client who is partly at fault, costing you recovery.
• Pull punches against an insurer they want to keep as a client.
• Steer you toward a provider or funder for their own benefit.

Even an honest lawyer's judgment can be subtly skewed by a conflict.

The Ethical Rules

Lawyers are bound by professional conduct rules requiring them to:

1. Identify conflicts before and during representation.
2. Decline or withdraw from representation when a conflict cannot be managed.
3. Obtain your **informed, written consent** when a conflict is waivable and they reasonably believe they can still represent you competently.

Some conflicts are non-waivable; a lawyer simply cannot proceed.

How To Spot a Conflict

Ask directly during the consultation:

1. Do you represent anyone else involved in this incident?
2. Do you have any relationship with the defendant, their insurer, or their lawyer?
3. Do you have a financial interest in any provider or funder you recommend?
4. Is there any reason your loyalty to me could be divided?

A trustworthy lawyer answers without hesitation and discloses anything relevant.

What To Do If a Conflict Exists

1. **Get the disclosure in writing.** Understand exactly what the conflict is.
2. **Decide whether to consent,** if it is waivable. You are never obligated to waive a conflict.
3. **Decline representation** if you are uncomfortable; find a lawyer with no conflict.
4. **If a conflict surfaces mid-case,** consider switching lawyers. An undisclosed conflict is a serious ethics breach.
5. **Report serious undisclosed conflicts** to the state bar disciplinary office.

Multiple Passengers: A Frequent Scenario

If you and others were injured in the same vehicle, be cautious about all using the same lawyer. If your driver was partly at fault, you may have a claim against them, and one lawyer cannot fully champion both of you. Separate counsel often serves everyone better.

Protecting Yourself From the Start

• Ask the conflict questions before signing.
• Be wary of being lumped in with other clients from the same incident.
• Question any pressure to use a specific medical provider or funding company.
• Get all disclosures and consents in writing.

FAQ

Can one lawyer represent two crash victims? Sometimes, but only if their interests do not conflict and both give informed consent. Often separate counsel is safer.

Is every conflict a dealbreaker? No. Some are waivable with informed written consent; others are not.

What if my lawyer hid a conflict? That is a serious ethics violation; consider switching and reporting it to the bar.

Should passengers and drivers share a lawyer? Be cautious; if the driver was partly at fault, separate counsel protects each person.