Conflicts of interest in truck accident representation
Lawyers must provide loyal, undivided representation to their clients. In truck accident cases, conflicts of interest can arise when an attorney’s duties to one client interfere with duties to another or with their own personal interests.
- Truck Accident Law Team
- 2 min read
Article 2 of 6 in Ethics and Professional Responsibilities/
Conflicts of Interest in Truck Accident Representation
What Is a Conflict of Interest?
- A situation where an attorney’s ability to act in a client’s best interest is compromised by obligations to another client, a third party, or personal gain.
Common Conflicts in Truck Accident Cases
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Representing Multiple Parties
- Example: A lawyer representing both a truck driver and the trucking company. Their interests may diverge if the company blames the driver.
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Prior Representation
- If the attorney previously represented the trucking company, they may possess confidential information that disadvantages the new client.
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Relationships with Opposing Parties
- Personal, business, or financial ties to defendants, insurers, or expert witnesses can undermine objectivity.
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Financial Interests
- Attorneys with financial stakes in trucking companies or insurers face divided loyalty.
Rules Governing Conflicts
- Model Rules of Professional Conduct (ABA) and state bar rules require attorneys to:
- Avoid conflicts or disclose them fully.
- Obtain informed, written consent from all affected clients if representation continues.
- Withdraw if the conflict is unresolvable.
Consequences of Conflicts
- Disqualification from representation.
- Disciplinary action by the state bar.
- Potential malpractice liability if the client suffers harm due to divided loyalty.
Best Practices for Attorneys
- Conduct conflict checks before accepting new truck accident cases.
- Be transparent with clients about potential conflicts.
- Decline or withdraw from cases where loyalty cannot be preserved.
- Establish ethical walls in law firms when different attorneys represent conflicting interests.
Summary: Conflicts of interest in truck accident representation occur when an attorney’s loyalty is divided. Lawyers must identify, disclose, and avoid such conflicts to protect client trust and maintain ethical, effective advocacy.
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