Why Lawyers Sometimes Can’t Help: Conflicts of Interest

A conflict of interest happens when a professional, such as a lawyer, doctor, or accountant, can’t help you because of personal or ethical reasons. 

For example:   

• A lawyer can’t represent both sides in a legal case because they wouldn’t be able to give fair and unbiased help to each person.
• A therapist can’t treat a close friend or family member because their personal relationship makes it difficult to remain neutral.
• A doctor usually can’t treat themselves because personal feelings might affect their medical judgment. 

Oregon lawyers must follow the Oregon Rules of Professional Conduct. These rules say a lawyer might not be able to take a case if there’s conflict of interest. 

Below are the most common conflict rules for lawyers:  

• Opposite sides in the same case: A lawyer can’t represent people who are on opposite sides of a legal issue. For example, a lawyer can't represent both spouses in a divorce case or both sides in a business deal.
• Conflicts involving past clients: Sometimes a lawyer can’t help because of a case they worked on before. Even if that case is finished, the lawyer might not be able to help other people who were involved in the same situation. They have to protect their former client's information and interests even when the case is over. This includes keeping their former client’s information confidential.
• Personal conflicts: A lawyer must tell you if they have a personal connection to your case. They can only take your case if they believe this connection will not affect their judgment. They must explain the situation and any possible risks to you.
• Financial conflicts: A lawyer may be prohibited from helping you if they have a separate financial interest in your case, other than being paid for their legal work. 

Conflicts often apply to the entire law firm

Some types of conflicts may also stop other lawyers in the same firm or legal program from taking your case. 

For example, if one lawyer is prohibited from representing a new client because it would conflict with the representation of a prior client, other lawyers in the same firm are most often also prohibited from representing the new client.  

Why a law office can’t give quick advice

Sometimes you might have a quick question for a lawyer or law office. But conflict–of-interest rules often stop them from answering, even if it’s a simple question. 

If there’s a conflict, law offices cannot:  

• Give legal advice.
• Review your papers.
• Tell you if you have a “good” case.
• Help fill out forms, or tell which form is needed.
• Tell you what the other person said.  

Doing any of these would still count as providing legal services. 

Legal staff can give general information, such as sharing articles or explaining how the court works. But they can’t give personal legal advice or help with your case.  

Takeaways

• Conflicts are about following the rules, not about who is right or wrong.
• Lawyers and legal staff don’t make these rules and can’t change them.
• If a lawyer can’t help you because of a conflict, it’s not because they don’t want to. It’s usually because the rules don’t allow them to help. 

If a law office or lawyer can’t take your case, you still have other options:  

• Private lawyers: Oregon’s Lawyer Referral Service can connect you with a private lawyer or law firm for a low-cost, 30-minute consultation. You can ask for a referral online or by calling 503-684-3763 or 800-452-7636.
• Free or low-cost legal help: The Oregon Law Help legal directory has more than 100 listings for organizations and programs that provide free or low-cost legal help in Oregon.
• Mediation: Many problems can be solved without a lawyer or with help from a professional mediator. You can find a mediator through the Oregon Mediation Association Directory.
• Online legal information: The Oregon Law Help Library has over 200 articles about common legal problems. You can use the Guided Help tool to find useful articles.