Conflicts of Interest in Criminal Defense: How to Avoid Them

 Posted on March 16, 2023 in Uncategorized

As a criminal-defense lawyer, it's essential to avoid conflicts of interest in order to provide the best possible representation for your clients. A conflict of interest occurs when a lawyer's personal or financial interests conflict with the interests of their client, which can lead to a breach of trust and compromise the client's legal rights.

Here are some common types of conflicts of interest in criminal defense and how to avoid them:

• Multiple clients with conflicting interests: If a lawyer represents multiple clients who have competing interests, this can create a conflict of interest. For example, if two clients are charged with the same crime, the lawyer cannot represent both clients without running the risk of a conflict of interest.

To avoid this type of conflict, it's important to carefully consider each potential client's interests and to decline representation if there is a possibility of a conflict. If a conflict arises during representation, the lawyer must withdraw from representing one or both clients.

• Personal relationships with clients: If a lawyer has a personal relationship with a client, this can create a conflict of interest. For example, if a lawyer is friends with a client, they may be more likely to overlook potential legal issues.

To avoid this type of conflict, it's important to maintain a professional relationship with clients and to avoid personal or financial entanglements that could compromise the lawyer's objectivity. I've represented friends, and achieved good results for them, but that doesn't make it a good idea.

• Financial interests in a case: If a lawyer has a financial interest in the outcome of a case, this can create a conflict of interest. For example, if a lawyer owns a stake in a business that is involved in a criminal case, they may be tempted to prioritize their financial interests over the interests of the client.

To avoid this type of conflict, it's important to disclose any potential financial interests to the client and to withdraw from the case if necessary to avoid compromising the client's interests.

By being mindful of potential conflicts of interest and taking steps to avoid them, criminal-defense lawyers can provide the best possible representation for their clients and uphold their ethical and legal obligations. If you are facing criminal charges in Texas, it's important to work with a skilled and experienced criminal-defense lawyer who puts your interests first and who has a track record of success in defending clients in a wide range of criminal cases.