A conflict of interest occurs when a paralegal’s personal or professional relationships could compromise their ability to work objectively on a case. Professional ethics require immediate disclosure of any potential conflicts to your supervising attorney. This includes relationships with opposing parties, counsel, witnesses, prior employment at opposing firms, or any personal interest in the outcome of the case.
Paralegals play a critical role in maintaining the integrity of the legal system. While you work under attorney supervision, you’re equally bound by professional ethics standards that protect clients and preserve the attorney-client relationship. Understanding how to identify and handle conflicts of interest isn’t just about following rules—it’s about protecting your paralegal career, your firm, and the clients you serve.
When Justice Elena Kagan recused herself from Arizona Christian School Tuition Organization v. Winn due to prior involvement as U.S. Solicitor General, she demonstrated a key legal ethics principle: even the appearance of a conflict can compromise judicial integrity. Kagan had represented the government’s position in the case before her appointment to the Court, creating an apparent conflict of interest. This same principle applies to paralegals at every level of practice.
What Is a Conflict of Interest in Paralegal Work?
A conflict of interest exists when your personal interests, relationships, or prior professional connections could interfere with your duty to act in a client’s best interest. Both the National Association of Legal Assistants (NALA) and the National Federation of Paralegal Associations (NFPA) address conflict-of-interest responsibilities in their professional ethics codes. NALA Canon 5 in the NALA Code of Ethics and Professional Responsibility specifically requires paralegals to disclose conflicts to their supervising attorney. At the same time, NFPA Ethical Consideration 1.5(a) in the NFPA Model Code of Ethics prohibits paralegals from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. These standards exist because conflicts can compromise client confidentiality, case strategy, and the attorney-client relationship.
Conflicts don’t always involve wrongdoing. You might have a conflict simply because your cousin works at the opposing law firm, or because you previously worked on a related matter at your last job. The key issue isn’t whether you would actually misbehave—it’s whether a reasonable person might question your objectivity.
Professional responsibility means recognizing that your duty to the client and the firm comes first. When you identify a potential conflict, you’re protecting everyone involved: the client’s interests, your firm’s reputation, your attorney’s professional standing, and your own career.
Types of Conflicts: Actual vs. Apparent
Not all conflicts are the same. Understanding the difference between actual and apparent conflicts helps you assess situations correctly and communicate effectively with your supervising attorney.
| Conflict Type | Definition | Example | Action Required |
|---|---|---|---|
| Actual Conflict | Your interests or relationships directly oppose the client’s interests or could compromise your objectivity. | Your spouse is the opposing party in a divorce case your firm is handling | Immediate disclosure; likely cannot work on the matter |
| Apparent Conflict | No actual conflict exists, but circumstances could create a reasonable perception of divided loyalty. | You did volunteer work with a party to the case or have social ties with a key witness. | Disclosure recommended; the attorney determines if you can proceed |
The distinction matters because the response differs. An actual conflict typically requires you to step away from the case entirely. An apparent conflict might be resolved through disclosure, with your attorney determining whether you can continue working on the matter.
Both types deserve attention. Ignoring an apparent conflict because you know you can be objective misses the point—professional ethics require avoiding even the appearance of impropriety.
Common Conflict of Interest Scenarios
Recognizing potential conflicts before they become problems protects you and your firm. Here are the most common situations paralegals encounter:
Family and Personal Relationships: Your relative works as opposing counsel, serves as a paralegal for the other side, or has a personal relationship with a party or witness in the case. This includes immediate family members, close relatives, romantic partners, and close friends. Even if you’re confident, you cannot remain objective; these relationships inevitably create apparent conflicts.
Former Client Matters: Your current case involves a former client from your previous employer, or relates to matters you worked on before joining your current firm. Your prior knowledge of the client’s confidential information creates a conflict, even if the new matter isn’t directly related to your previous work.
Financial Interests: You own stock in a company that’s a party to the litigation, have a financial stake in the case outcome, or stand to benefit personally from the result. Financial conflicts can be direct (a party owes you money) or indirect (you own shares in a corporate defendant).
Opposing Counsel Connections: You previously worked at the law firm representing the opposing party, your spouse works there currently, or you have other professional relationships with opposing counsel that could compromise confidentiality or strategy.
Community Involvement: You serve on the board of an organization involved in the case, volunteer for a nonprofit that’s a party to the litigation, or have leadership roles in groups with interests in the outcome.
How to Identify Potential Conflicts
Catching conflicts early protects everyone involved. Most conflicts surface during case intake or conflict checks, but you’re the front line of defense for issues that might not appear in formal databases.
At Case Intake: When new matters arrive, review party names, opposing counsel information, and key witnesses. Run these names through your firm’s conflict check system. Don’t skip this step even for small matters—conflicts can hide in seemingly simple cases.
Red Flags to Watch For:
- Recognition of names (parties, witnesses, opposing counsel, or firms)
- Familiarity with the subject matter from previous employment
- Personal knowledge about people or companies involved
- Prior work on related cases or transactions
- Financial investments related to parties or outcomes
- Family members in the legal field who might have connections
- Community involvement that overlaps with case issues
Trust Your Instincts: If something feels off or makes you uncomfortable, that’s worth mentioning to your supervising attorney. It’s better to raise a non-issue than to miss a real conflict. Attorneys would rather hear about ten potential conflicts that turn out fine than miss the one that causes problems later.
Steps to Handle a Conflict of Interest
When you identify a potential conflict, act quickly. Prompt disclosure and proper documentation protect both you and your firm.
Step 1: Disclose Immediately – As soon as you recognize a potential conflict, inform your supervising attorney. Don’t wait to see if the issue will matter or try to determine on your own whether it’s significant enough to mention. Time is critical—the longer you wait, the more complicated the situation becomes.
Step 2: Document the Disclosure – Put your disclosure in writing, even if you first mention it verbally. Send a brief email to your supervising attorney explaining the potential conflict, including relevant details about relationships, prior work, or other concerns. This creates a clear record that you identified and reported the issue promptly.
Step 3: Stop Work Until Resolved – Once you’ve disclosed a conflict, stop working on that matter until your attorney provides guidance. Don’t access files, discuss the case with others, or continue any tasks related to it. This protects confidential information and demonstrates that you take the conflict seriously.
Step 4: Follow Attorney Direction – Your supervising attorney will determine how to proceed. They might decide you can continue with certain safeguards, implement an ethical screen or wall to isolate you from the matter, or remove you from the case entirely. Follow their instructions exactly.
Step 5: Maintain Confidentiality – If you’re removed from a case due to a conflict, don’t discuss the matter with others in the firm or share information you learned before the conflict was identified. Your duty of confidentiality continues regardless of your role in the case.
When Paralegals Should Decline Work
Some conflicts can’t be managed through disclosure alone. Understanding when to step away completely protects your professional integrity and your firm’s interests.
Unwaivable Conflicts: Certain conflicts are so significant that no amount of disclosure or client consent can cure them. If you have confidential information from representing someone directly adverse to a current client, or if your personal interests directly oppose the client’s position, your supervising attorney will likely determine you can’t work on the matter regardless of precautions. While only attorneys can make the final determination about whether a conflict is unwaivable, your responsibility is to disclose fully so they have the information needed to make that assessment.
Ethical Screens May Not Be Enough: Some firms use ethical walls or screens to isolate conflicted individuals from some issues. While this works in many situations, it’s not always sufficient. If your knowledge or relationships are so intertwined with the case that screening can’t prevent conflicts, you should decline involvement entirely.
When Your Objectivity Is Compromised: Be honest with yourself about situations where you can’t maintain professional objectivity. If a case involves someone you strongly dislike, a cause you feel passionately about, or circumstances that trigger personal bias, stepping away serves everyone’s interests better than attempting to work through those feelings.
Consequences of Non-Disclosure
Failing to disclose conflicts of interest carries serious professional consequences that extend beyond your immediate employment.
Professional Repercussions: Ethics violations can result in loss of paralegal certification (for certified paralegals), damage to your professional reputation, and difficulty finding future employment in the legal field. The legal community is surprisingly small, and ethics issues follow you throughout your career.
Firm Liability: Your failure to disclose a conflict can expose your firm to malpractice claims, disqualification motions, and disciplinary action. Courts may disqualify the entire firm from representing a client if your undisclosed conflict contaminates the case. This threatens not just your job, but your colleagues’ livelihoods.
Case Implications: Undisclosed conflicts can compromise case outcomes, require starting over with new counsel, and result in adverse rulings. Opposing parties who discover conflicts can use them to challenge your firm’s representation and gain strategic advantages.
Employment Termination: Many law firms maintain zero-tolerance policies for ethics violations. An undisclosed conflict that could have been managed through proper procedures might instead result in immediate termination.
Frequently Asked Questions
Can paralegals recuse themselves from cases like judges do?
Paralegals can’t formally “recuse” themselves the way judges do. Still, you can and should disclose conflicts to your supervising attorney, who will determine whether you should be removed from the case. The decision ultimately rests with the attorney, but your obligation to identify and report conflicts remains absolute. Think of it as requesting removal rather than recusing yourself.
What’s the difference between an actual and an apparent conflict of interest?
An actual conflict means your interests or relationships directly oppose the client’s interests or will compromise your objectivity. An apparent conflict exists when no actual conflict is present, but circumstances could create a reasonable perception of divided loyalty. For example, if your spouse is opposing counsel, that’s an actual conflict. If you volunteered with one of the parties, that’s likely an apparent conflict. Both require disclosure, but the response differs.
Do I have to disclose every potential conflict, even small ones?
Yes, when in doubt, disclose. It’s better to mention something that turns out not to be a conflict than to remain silent about something that is. Your supervising attorney needs complete information to assess the situation appropriately. What seems minor to you might have implications you haven’t considered. Attorneys prefer hearing about ten non-issues over missing one real conflict.
What happens if I fail to disclose a conflict of interest?
Consequences can be severe and include employment termination, loss of professional certification, damage to your career reputation, and exposure of your firm to malpractice claims or disqualification motions. The legal field is small, and ethics violations follow you throughout your career. Courts take these issues seriously, and what you thought you could handle quietly can become a major professional problem.
Can I work on a case if I have a personal relationship with opposing counsel?
It depends on the nature and closeness of the relationship. A casual acquaintance typically isn’t a problem, but a close friendship, family relationship, or romantic involvement requires disclosure and might prevent you from working on the case. If your spouse, parent, sibling, or close friend works as opposing counsel, you almost certainly can’t work on that matter. Disclose the relationship and let your supervising attorney decide.
How do I document conflict of interest disclosures?
Document disclosures in writing, even if you first mention them verbally. Send an email to your supervising attorney explaining the potential conflict, including relevant details about relationships, prior work, or concerns. Include the date you discovered the conflict, the nature of the issue, and all pertinent background. Keep a copy for your records. This creates a clear record protecting both you and the firm.
What if my employer asks me to work on a case despite my disclosed conflict?
If you’ve properly disclosed a conflict and your attorney instructs you to continue working on the matter, document that instruction in writing. Send a follow-up email confirming the conversation and the attorney’s decision. If you believe the conflict is severe enough that you shouldn’t proceed, consider seeking guidance from your firm’s ethics counsel or risk management committee. Never work on a matter where you know you can’t maintain objectivity, regardless of instructions.
Are paralegal conflict of interest rules different from attorney rules?
Attorneys are directly bound by legal ethics rules such as ABA Model Rule 1.7 on conflicts of interest, which carry the force of law and are enforced by state bar associations. Paralegals are subject to similar conflict-of-interest standards through professional association codes (such as NALA Canon 5 and NFPA EC-1.5) and attorney supervision, though formal enforcement primarily applies to licensed attorneys. Your conduct can create conflicts that disqualify the entire firm, so the practical effect is the same—you must identify, disclose, and adequately handle disputes to protect both your attorney’s license and your professional standing. Learn more about the NALA Certified Paralegal (CP) credential and its ethics requirements.
Key Takeaways
- Conflicts of interest occur when personal or professional relationships could compromise your objectivity or duty to the client, even if no actual impropriety exists
- Both actual conflicts (direct opposition to client interests) and apparent conflicts (perception of divided loyalty) require immediate disclosure to your supervising attorney.
- Common conflict scenarios include family relationships with opposing parties or counsel, prior work on related matters, financial interests in case outcomes, and community involvement with parties.s
- Always disclose potential conflicts immediately—it’s better to raise a non-issue than miss a real conflict.
- Document your disclosures in writing and stop work on the matter until your supervising attorney provides guidance.e
- Failing to disclose conflicts can result in employment termination, professional repercussions, firm liability, and case complications
- NALA Canon 5 and NFPA EC-1.5 specifically address conflict of interest responsibilities for paralegals
- When in doubt about whether something constitutes a conflict, err on the side of disclosure—protecting client interests and your professional integrity is always worth the conversation
Ready to Build Your Paralegal Career on Strong Ethics?
Understanding professional ethics is just the beginning. Explore our comprehensive guides to paralegal education, certification options, and career paths to build a successful legal career grounded in integrity. Learn more about the professional standards and expectations you’ll encounter in your paralegal career.
