Whenever you work with an attorney, your attorney is supposed to be on your side. They should not let their own interests get in the way of finding a resolution to your case.
When an attorney is biased against you, it’s best for the attorney to step down from the case and to allow you to find another to work with. Failing to do so is unethical and could mean that your case is threatened.
When does an attorney have a conflict of interest?
Attorneys may have a conflict of interest if they know the prosecuting party or witnesses involved in the case. They may have a conflict of interest if they are in business with the prosecutor and would benefit from your loss in the case in some way. Essentially, if your attorney is going to encourage your loss because they benefit from the other party’s success, there is a conflict of interest.
How do you know if an attorney has a conflict of interest?
Usually, an attorney would let you know immediately if they are in business with the other party or have personal interests in the other party’s success. An attorney has a duty to you as a client, and if they also owe a duty to the other party in the case, that cannot work out well for anyone.
If you have concerns about a conflict of interest, it’s best to speak up as soon as you’re worried. Ask if the attorney knows the other party and be cautious if you believe your attorney is asking you to take steps that seem to benefit the other party more than you.