n most cases, once an attorney has concluded their initial consultation with a prospective client, the paralegal or legal assist will run what is called a “conflict check“. The method in which this is performed will vary on the law firm or attorney’s requested procedure but in essence you are performing a check to make sure the new potential client was not an opposing party or currently an adversary.

So what is exactly is a Conflict Check? Attorneys have a fiduciary duty that prevents them from representing someone whose interests directly conflict with those of a client they currently represent. To do so constitutes a conflict of interest that could lead to disqualification from representation or malpractice claims. Performing this check is extremely important. Creating a fool proof conflict checking system is essential to every law firm or attorney to ensure that their commitment to the client’s best interest is never questioned.

Paralegals are very well trained on knowing that attorney’s can not have extensive conversations until a potential client has been cleared of conflicts. Quite often the paralegal will do the initial consultation via phone for purposes of obtaining conflict of information, or conflicts of interest that are needed prior to the attorney getting on the call.