How the attorney runs a law firm conflict check
A law firm conflict check searches current clients, former clients and past matters for conflicts with a new inquiry. The attorney decides whether one exists.
What a conflict check process has to find
Names New must meet old.
Rule 1.7 Current-client conflicts.
Rule 1.9 Former clients, related matters.
Rule 1.10 Most conflicts impute firm-wide.
Steps in the conflict check process
Start with one practice area and closed sample matters.
Freeze the name list Client, adverse, and related parties.
Expand known variants Spelling only, not affiliates.
Search every index Open, closed, and declined.
Label each hit Current or former client.
Attach the attorney's questions Related? Adverse? Consent available?
Record the clearance Who, when, and outcome.
Name matching is delegable. Clearance is not.
The search builds the packet. Conflicts and consent are the attorney's.
AI prepares Builds names and spelling variants.
Attorney decides Adds or removes affiliates.
AI prepares Returns hits, not files.
Attorney decides Same or substantially related?
AI prepares Tags stored client status.
Attorney decides Rule 1.7, 1.9, or 1.10.
AI prepares Leaves the outcome blank.
Attorney decides Decline, proceed, or consent.
Illustrative name collision, not a clearance
Invented names Hits still need a person.
Input Example Retail versus Example Supplier.
Output One hit: former client, 2022.
Note The attorney judges relatedness.
Conflict packet checklist before clearance
A worksheet, not a waiver form or a bar opinion.
Legal and inquiry names listed.
Adverse parties, with their source.
All three indexes searched.
Hits show role and lawyer.
Relatedness left to the attorney.
Written consent stored with clearance.
Declines recorded as decisions.
What the conflict search will not open
Matter information stays walled.
No clearances, waivers, or imputation.
Practice management, documents, and the inbox
Practice management, documents, email.
The ABA Model Rules are a model, not your state's ethics rules. This page is not legal advice and not a conflict clearance. Precision is not affiliated with the American Bar Association.
Questions
Is a law firm conflict check finished when the names do not match?
No. An empty search is one input. The attorney still decides whether a conflict exists.
Can conflict check software replace the attorney's clearance?
No. It can prepare the packet: names, variants, and hits. Clearance and any consent stay with the attorney.
What makes a former client a conflict?
Under Model Rule 1.9, the same or a substantially related matter with materially adverse interests, unless the former client gives informed consent, confirmed in writing.
Should the prospective client see the hit list?
Not by default. A hit can itself be information relating to another client.