How to Run a Conflict Check at Your Law Firm (With a Checklist)

A conflict check is a search of your firm's records to make sure taking on a new client or matter will not create a conflict of interest. To run one, collect the names of everyone involved in the matter, search them against your current clients, former clients, prospective clients, and past opposing parties, review any matches, and have an attorney decide whether the firm can take the matter. Then record the result before any engagement letter goes out.

This guide covers each step, when to run a check, what to do when the search finds a match, and a checklist your intake team can use on every new matter.

Why conflict checks matter

The ABA Model Rules of Professional Conduct, which most states follow in some form, set out three main types of conflicts:

• Current client conflicts (Rule 1.7). The new matter is directly against an existing client, or your duties to someone else could limit how well you represent the new client.
• Former client conflicts (Rule 1.9). The new matter is against a former client in the same or a substantially related matter.
• Prospective client conflicts (Rule 1.18). Someone consulted your firm but never hired you, and they shared information that could hurt them in the new matter.

Under Rule 1.10, a conflict for one lawyer is usually a conflict for the whole firm. That is why the check has to search the firm's records, not just one attorney's memory.

Missing a conflict can lead to disqualification partway through a case, a bar complaint, giving up fees, and a client who has to start over with new counsel.

When to run a conflict check

Run a check at each of these points:

• At first contact, before a consultation is scheduled
• Before you send an engagement letter
• When a new party joins an existing matter, such as a new defendant, insurer, or witness
• When a lateral attorney or new staff member joins the firm
• When your firm merges with or takes over another practice

The first check matters most, and it should happen early. Under Rule 1.18, even a short consultation can create duties to a prospective client. Ask for names at first contact, but keep the details of the matter brief until the check is clear.

How to run a conflict check, step by step

Step 1: Collect the right information at intake

Your search is only as good as the names you put into it. For every new matter, collect:

• The prospective client's full legal name, former names, maiden name, and nicknames
• Opposing parties, including companies, their parent companies, and subsidiaries
• Opposing counsel
• Related people and entities, such as spouses, business partners, insurers, and co-defendants
• Key witnesses and experts, where known

For businesses, add officers, directors, owners, and any trade names or DBAs.

Step 2: Search every name against your records

Search each name against current clients, former clients, declined prospects, past opposing parties, and anyone else stored in your matter records. Try spelling variations, partial names, and former names. A search for "Jon Smith" should also catch "Jonathan Smith" and "J. Smith."

Step 3: Review every match

A match does not always mean a conflict. Many hits turn out to be different people with the same name. Compare addresses, dates of birth, and company details to rule out false matches. For real matches, note who the person is, what the earlier matter was, and which side the firm was on.

Step 4: Ask your team

Not every relationship is in the database. Send a short note to attorneys and staff listing the new parties and asking if anyone has a personal, family, or business connection. Record who you asked and what they said.

Step 5: Escalate to an attorney for a decision

The person who ran the search should not be the one who clears a possible conflict. Send it to a designated attorney or the managing partner. They decide one of three things: the matter is clear, it can go ahead with a waiver, or the firm must decline.

Step 6: Get a waiver or decline in writing

Some conflicts can be waived. Rules 1.7 and 1.9 allow it when every affected client gives informed consent, confirmed in writing, and the lawyer reasonably believes they can still represent the client well. Some conflicts cannot be waived, such as representing both sides in the same lawsuit.

If you decline, send a non-engagement letter. It should say the firm is not taking the matter, suggest the person find other counsel promptly, and point out that legal deadlines may apply.

Step 7: Document the result

Save the names searched, the date, the results, who reviewed them, and the decision. If a question comes up later, this record shows the firm did its job.

Example

Example: what a match looks like

A prospective client wants to sue Northside Logistics LLC over a truck accident. The search shows the firm reviewed a warehouse lease for Northside Logistics two years ago.

Northside is a former client, so Rule 1.9 applies. The reviewing attorney looks at whether the lease work is substantially related to the accident claim, and whether the firm learned anything confidential that could be used against Northside now. If the matters are unrelated, the firm may be able to proceed. If there is any real overlap, the firm either gets Northside's informed written consent or declines.

Either way, the decision and the reasons go into the file.

Conflict check checklist

Copy this list into your intake process.

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Before the consultation

• Collect the prospective client's full name, former names, and nicknames
• Collect all opposing parties, including related companies
• Collect opposing counsel, insurers, and other related parties
• Limit the matter details taken until the check is clear

Running the search

• Search current clients, former clients, and declined prospects
• Search past opposing parties and related parties
• Search spelling variations and partial names
• Rule out false matches using addresses, dates of birth, or company details

Review and decision

• Circulate new party names to attorneys and staff
• Send any real match to the designated attorney
• Record the decision: clear, waiver, or decline
• Get informed consent in writing if a waiver is used
• Send a non-engagement letter if the firm declines

After the check

• Save the search terms, results, reviewer, and decision with the date
• Add every new party to the firm's records
• Run a new check if parties change during the matter

Running conflict checks with software

Small firms often start with a spreadsheet, but it only works if every matter and every party is entered every time. As the firm grows, names get missed and old records go stale.

Conflict checks work best when they are part of intake. In CaseQube, the conflict check runs as part of the intake form, against the same records your firm uses to manage its matters, so new parties are added to the database as each matter opens.

Frequently asked questions