How to Run conflict checks

Conflict checks protect both your clients and your law license. The ABA Model Rules of Professional Conduct require attorneys to avoid representing clients with directly adverse interests or where representation would be materially limited by responsibilities to former clients, other current clients, or the lawyer's own interests. Missing a conflict can result in disqualification from a case — sometimes after you've invested hundreds of billable hours — and potential malpractice liability.

For solo attorneys and small firms, conflicts often hide in unexpected places: a spouse's name on a corporate filing, a subsidiary relationship between companies, or a former client who's now adverse in an unrelated matter. The smaller your practice, the more devastating a missed conflict becomes. You don't have the institutional backup of a large firm's conflicts department, which makes systematic conflict checking essential to your risk management strategy.

Here's how to run conflict checks manually in a small firm setting:

1. Gather all party information: Collect full legal names, aliases, DBAs, spouse names, business entities, subsidiaries, and any related parties from your intake form or initial consultation notes.
2. Search your client database: Query your existing client list, matter management system, or spreadsheet for exact and partial name matches. Check both current and closed matters going back at least seven years.
3. Check opposing parties: Review all adverse parties from past cases to ensure you're not now representing someone you previously opposed or vice versa.
4. Review related entities: Search for parent companies, subsidiaries, business partners, and family members who might create imputed conflicts.
5. Document your search: Create a written record of what you searched, when, and the results. This documentation proves you exercised reasonable diligence if a conflict emerges later.
6. Get written consent if needed: If a potential conflict exists but is waivable, obtain informed written consent from all affected clients before proceeding.

CasePath automates the conflict check process from intake through case acceptance. When you enter a new prospective client or matter, the system instantly searches your entire case history — clients, opposing parties, witnesses, and related entities — flagging potential conflicts in real time. You'll see results in seconds instead of spending 20 minutes manually searching spreadsheets or scrolling through file cabinets.

The software maintains a comprehensive database of every name associated with every matter, including alternate spellings and related parties you've documented. CasePath's conflict checking runs across all matter types and date ranges automatically, catching connections you might miss in a manual search. The system generates a timestamped conflict check report for your file, creating the documentation you need for compliance and malpractice defense. For small firms handling dozens of new inquiries monthly, this automation eliminates a significant administrative burden while reducing the risk of costly mistakes that could jeopardize your practice.