A conflict of interest occurs when a legal practitioner’s personal interests, or those of another client or party, interfere with their duty to provide unbiased and dedicated representation. These conflicts can manifest in many ways, such as representing two clients with opposing interests or having a financial stake in the outcome of a case. Lawyers must proactively identify and avoid situations that could compromise their judgment.
The legal profession is built on the pillars of trust, integrity, and loyalty. Lawyers act as fiduciaries to their clients, meaning they are expected to act in their clients’ best interests. When a lawyer faces a conflict of interest, they may struggle to uphold this duty, potentially causing harm to their client. Avoiding conflicts ensures that practitioners maintain the ethical core of their profession and provide their clients with unbiased, loyal representation. Clients place immense trust in their lawyers to handle their matters with undivided loyalty. If a client perceives that their lawyer has divided loyalties due to a conflict, it can erode that trust. This breakdown can severely hinder the attorney-client relationship, which relies heavily on confidence and open communication. By avoiding conflicts, lawyers help ensure that their clients feel secure in their representation.
Conflicts of interest can also compromise the quality of legal advice. Lawyers with a conflict may unconsciously bias their opinions in ways that benefit themselves or others, rather than focusing solely on achieving the best outcome for their client. By avoiding conflicts, legal practitioners can provide clear, objective, and impartial advice that serves their clients' best interests. A lawyer's reputation is one of their most valuable assets. Lawyers who engage in unethical practices or allow conflicts of interest to affect their work risk damaging their professional standing. A tarnished reputation can have long-lasting effects, not only on the individual lawyer but also on the law firm or organisation they represent. Consistently avoiding conflicts of interest helps preserve a lawyer’s reputation within the legal community and with clients.
In the legal profession, those who rigorously adhere to ethical principles, including avoiding conflicts of interest, may sometimes find themselves unfairly labelled as "difficult" or isolated by peers who take a more lenient approach. However, as legal luminaries like Lord Denning, Sir Edward Coke, and Justice Louis Brandeis have underscored, an unparallel commitment to integrity is what upholds the dignity of the profession and the public’s trust in the legal system. Practitioners who choose this path should be celebrated, not sidelined, for their dedication to justice. Upholding these values is a strength, not a weakness.
Many jurisdictions, including The Gambia, have stringent rules regarding conflicts of interest, enshrined in professional ethics codes and legislation. These codes require legal practitioners to avoid conflicts, disclose them, and obtain consent when necessary. Non-compliance can lead to disciplinary action, including fines, suspensions, or even disbarment. By adhering to these rules, lawyers protect themselves from legal penalties and safeguard their careers. A recent example highlights the importance of avoiding conflicts of interest.
Three years ago, a lawyer was disbarred for failing to account for funds intended for a client, instead using the money for personal purposes. The lawyer received a settlement on behalf of the client but diverted it for her own use. This blatant conflict of interest breached the fiduciary duty owed to the client and undermined public trust in the legal profession. Her disbarment was entirely justified, reinforcing the principle that lawyers must maintain the highest ethical standards, particularly when handling client funds.
Conflicts of interest can also lead to inadvertent breaches of client confidentiality. For example, if a lawyer represents two clients with opposing interests, confidential information shared by one client could influence how the lawyer approaches the other’s case. This loss of confidentiality can create legal complications. Lawyers must avoid conflicts to ensure that their clients' sensitive information remains secure and protected.
As an in-house counsel, I have worked with Senior Counsel Ms. Ida Drameh for 14 years. She consistently demonstrates exceptional integrity. Despite the potential for significant legal fees, she always advises me to engage another counsel whenever a conflict of interest arises. Her actions prioritise transparency and her clients’ best interests over financial gain. This level of commitment to ethics is how legal professionals should conduct themselves, ensuring trust and accountability in all professional relationships.
Even if no actual conflict of interest exists, the mere appearance of impropriety can be damaging. If clients or the public perceive that a lawyer's interests are conflicted, it can undermine the lawyer’s credibility and the reputation of the legal profession. Avoiding even the appearance of conflict is crucial for maintaining public trust. Lawyers are expected to provide independent judgment in all legal matters. A conflict of interest can compromise this independence, as the lawyer may be influenced by personal relationships or financial interests. By avoiding conflicts, legal practitioners ensure that their decisions and actions are based solely on the merits of the case and their clients’ needs.
In smaller jurisdictions like The Gambia, managing conflicts of interest can be challenging due to the close personal and professional relationships within the legal fraternity. However, conflicts must be strictly avoided to preserve professional integrity. Lawyers should set firm boundaries between personal and professional relationships, be transparent about potential conflicts, and use thorough conflict-checking processes. When necessary, they should be prepared to decline representation or refer clients to another counsel. Conflicts of interest can also have significant financial consequences. A lawyer’s divided loyalties can lead to poor representation, resulting in financial losses for the client. Furthermore, lawyers who fail to avoid conflicts may face malpractice lawsuits, which can result in costly legal battles and potential compensation payments. The legal system relies on lawyers to act as officers of the court and uphold justice. Conflicts of interest can distort this role, leading to unfair outcomes and undermining the system’s integrity. Lawyers must avoid conflicts to contribute to a just legal system for both their clients and society.
In corporate and government sectors, conflicts of interest can be particularly complex due to the multiple stakeholders involved. Lawyers working in these fields must be vigilant in identifying and avoiding conflicts arising from their dual roles or responsibilities to different parties. Clear policies and ethical guidelines can help mitigate conflicts in these settings.
One area where conflicts of interest are particularly concerning is when legal practitioners draft or review legislation that governs their own practice. A lawyer governed by the Legal Practitioners Act, for instance, should not be involved in drafting or reviewing that same Act. This creates a vested interest that could bias the process. To avoid self-regulation and maintain impartiality, such tasks should be assigned to independent consultants from outside the legal practice or jurisdiction. While some conflicts of interest can be managed through disclosure and informed consent, lawyers must remain transparent with their clients about potential risks. However, many conflicts cannot be waived, and lawyers must be diligent in recognising when they need to step aside.
Avoiding conflicts of interest is not just about adhering to rules, it is about ensuring long-term success and sustainability in a legal career. Lawyers who consistently uphold ethical standards build strong, trusting relationships with their clients and peers. This enhances their professional reputation, leads to more successful legal outcomes, and strengthens the justice system. Ida Drameh & Associates serves as a shining example of a firm that consistently upholds the highest ethical standards. Their dedication to these principles builds trust with clients and strengthens the integrity of the legal profession.
To conclude, conflicts of interest present significant ethical challenges for legal practitioners. By avoiding them, lawyers protect their clients’ interests, uphold the legal profession’s integrity, and contribute to a just legal system.
As Lord Denning emphasises, a lawyer’s duty to their client must always come first, without personal interests clouding their judgment.
Sir Edward Coke's timeless principle further reinforces this by reminding us that no one can be truly impartial when their own interests are involved.
Finally, Justice Louis Brandeis drives home the point that conflicts of interest, if left unchecked, can lead to corruption, and erode the very foundation of justice.
Together, these insights from legal luminaries serve as a powerful reminder of the ethical standards lawyers must uphold to preserve trust, integrity, and the rule of law.
- Lord Denning on Conflicts - Boardman v Phipps 1967 - 2 AC 46
- Sir Edward Coke on conflicts of Interest- Dr. Bonham’s Case 1610
- Justice Louise Brandeis on Conflicts of Interest - Dodge v Ford Motor Co. 1919
