How Do I Check for Conflicts of Interest Before Taking a New Client at My Law Office?

A conflict search is only as complete as the names you put into it. Before opening any database or file, gather every name associated with the new matter. ABA Model Rule 1.7(a)(2) requires the attorney to consider whether representation would be materially limited by responsibilities to a third party, which means the name collection must go beyond the named parties. The ABA Model Rule 1.7 Comment on identifying conflicts of interest notes that a lawyer should adopt reasonable procedures, appropriate for the size and type of firm and practice, for determining whether a conflict exists.

Prospective client

• Full legal name (individual or entity)
• Any trade names, doing-business-as names, or prior legal names
• For a business entity: parent company, subsidiaries, and any affiliated entities with a direct interest in the matter
• For an individual: maiden name, prior married names, and any other names the person has used

Opposing parties

• Full legal name of every opposing party named or expected to be named in the matter
• Trade names and prior names for each opposing party
• Parent companies, subsidiaries, or affiliated entities of any opposing business

Related individuals and entities

• Any guarantors, co-signers, or indemnitors
• Any individual or entity with a significant financial stake in the outcome who is not a named party
• Any third party whose interests the attorney may need to consider under ABA Model Rule 1.7(a)(2)

Matter details to record at the same time

• Practice area and matter type (litigation, transactional, advisory)
• Jurisdiction where the matter will be handled
• Adverse party's counsel, if known

Run every name collected in Step 1 through each of the following record sources. Check all of them. ABA Model Rule 1.9(a) requires a search of former client records, not just current ones. The ABA Model Rule 1.7 Comment on identifying conflicts of interest notes that a lawyer should adopt reasonable procedures for determining whether a conflict exists, appropriate for the size and type of firm and practice.

1. Current client list. Every active matter and every active client relationship. Search by client name and by party name at the matter level.
2. Former client list. ABA Model Rule 1.9(a) prohibits a lawyer from representing a person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of a former client. Search your closed matter records as far back as your records allow.
3. Matter-level party records. Many conflicts arise not from a direct client relationship but from a party named in a prior matter. If your practice management system or matter files record opposing parties, search those records too.
4. Referred-out matters. If your office has referred matters to other counsel and retained any co-counsel or referral relationship, check those records.
5. Personal conflicts. Ask the responsible attorney whether they have any personal, financial, or prior professional relationship with any name on the list that could create a conflict under ABA Model Rule 1.7(a)(2).

Search each name in full and also search shortened versions, initials, and common misspellings. Document every source searched and the date of the search. That documentation becomes part of the written conflict record in Step 3.

After the search is complete, the results go to a licensed attorney for review. The attorney applies the rules of professional conduct for their jurisdiction and makes one of three determinations:

• No conflict found. The office may proceed with intake. Document the determination and move to the engagement letter.
• Conflict found, matter declined. The office cannot represent the prospective client. Document the determination, decline the representation in writing, and advise the prospective client to seek other counsel promptly so they are not prejudiced by any deadline.
• Conflict found, waiver sought. ABA Model Rule 1.7(b) permits representation despite a concurrent conflict only if all four of these conditions are met: (1) the lawyer reasonably believes representation will not be adversely affected; (2) the conflict does not involve a claim by one client against another in the same proceeding; (3) representation is not prohibited by law; and (4) each affected client gives informed written consent confirmed in writing. The attorney decides whether the conflict is consentable and, if so, obtains written consent before proceeding.

What to write down for every conflict check

• Date the search was run
• Every name searched (the full list from Step 1)
• Every record source searched (the full list from Step 2)
• Name of the person who ran the search
• Name of the attorney who reviewed the results
• The attorney's determination and the date of that determination
• If a waiver was sought under Rule 1.7(b): the names of consenting clients, the date consent was obtained, and how consent was documented

Store this record in the matter file.

Using Dave by voolama to route and record the decision

Commercial interest disclosure: This checklist is published by voolama LLC, the company that makes Dave by voolama. The following describes one optional way to use that product. The checklist process applies regardless of what software, if any, your office uses.

Dave by voolama (hellodave.ai) is a managed AI workflow platform: voolama LLC operates and hosts it, and the firm installs nothing. A conflict check workflow can use a User Interaction task to collect the names from Step 1, and a Human Review task to route the search results to the responsible attorney. The attorney opens the task in the Task Inbox (navigate to Tasks in the sidebar), reads the Payload section containing the search results, adds a Comment recording their determination, and clicks Approve (no conflict), Reject (conflict found, decline), or Request Changes (further information needed).

That decision is recorded in the audit log at Admin, Settings, Audit Log tab, with the attorney's user ID, a timestamp, and the comment text. The audit log is immutable and supports SOC 2 CC6.1 (logical access) and GDPR Article 30 (processing records) when those compliance standards are enabled. The default audit log retention is 365 days; the SOC 2 recommendation is at least 2,555 days (7 years), and a warning is displayed if retention is set below that threshold. Only users with the Admin role can view the audit log. The attorney completing the task needs only the Use role. Dave by voolama has six default roles: Admin, Create, Curate, Use, Reporting, and Financial. Roles are editable.

This checklist is provided for general informational purposes only and is not legal advice. Nothing in this checklist creates an attorney-client relationship between voolama LLC and any reader. A licensed attorney in your jurisdiction must review the rules that apply to your practice and make every conflict determination.

Conflict-of-interest rules vary by jurisdiction. The ABA Model Rules of Professional Conduct are a model; each state bar adopts its own version. The specific rules that apply to your office depend on where you are licensed and where you practice.

This checklist does not cover:

• Imputed conflicts under ABA Model Rule 1.10. Conflicts are generally imputed to all lawyers associated in a firm. The analysis for imputed conflicts is more complex than the individual-attorney check described here.
• Government lawyer conflicts under ABA Model Rules 1.11 and 1.12. Those rules address conflicts specific to former and current government employees and are outside the scope of this checklist.
• Positional conflicts. Taking a legal position in one matter that is adverse to a position taken in another matter for a different client raises issues not addressed here.
• Conflicts arising mid-representation. This checklist covers intake only. Conflicts can arise after representation begins, for example when a new party joins a matter or the office takes on a new client whose interests turn out to be adverse.
• Engagement letter requirements. The conflict check is one step in client intake. Engagement letter content, fee agreements, and scope-of-representation disclosures are separate requirements not covered here.