Generally speaking, when an attorney is approached by a client asking for legal services, the attorney is obliged to assist. However, there are exceptions to this rule. For instance, the client might be asking for services in a field of law in which the attorney does not practice, and in such cases the attorney could refer the client to an appropriate legal colleague.
An important reason for refusal of assistance by an attorney, and one which frequently arises, is the issue of “conflict of interest”: an attorney may not act for a client where the attorney has a conflict of interest.
What Is a Conflict of Interest?
Where attorneys have information regarding a third party which is relevant to the issue brought by the new client, and where that information was received by the attorney in his professional capacity or personal capacity (even, at times, social), it would be inappropriate for the attorney to take on the matter where such information prejudices such third party to the advantage of the new client.
In short, where an attorney takes on a matter in which he is in possession of the type of information described above, then using such information is in conflict with the attorney’s obligation to uphold the professional values of integrity, objectivity and fairness. In these situations the attorney has a conflict of interest.
An example which deals directly with the issue of “conflict”, is where information is received by an attorney from a third party in consequence of the attorney’s relationship with such third party. Any information received by an attorney from a client is confidential and may not be made available to anyone else or used by the attorney to the prejudice of that client.
In order to avoid such a situation the right and proper action by the attorney is to refuse to take the matter on and to refer that client to an appropriate colleague outside of the attorney’s practice.