Conflicts of Interest for In-House Counsel


This practice note addresses conflicts of interest that may implicate a lawyer’s duties of loyalty and confidentiality and impair his or her independent professional judgment. This is emerging as an area of increasing complexity for in-house counsel and legal departments. There is little guidance available in detecting and solving these conflicts as they surface in the public eye in the form of breach of fiduciary duty lawsuits against in-house counsel and their corporate employers and legal malpractice claims, seeking remedies such as civil damages, disqualification, fee forfeiture, and professional discipline.