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Simple English definitions for legal terms

conflict of interest

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A quick definition of conflict of interest:

A conflict of interest is when someone has a problem being fair to different people because they have a relationship with them already. For example, a lawyer might have two clients who want different things, and the lawyer can't help both of them at the same time. The lawyer has to tell both clients about the problem and get their permission to keep helping them. This is important because everyone deserves to have someone who is only looking out for their best interests. In some cases, like with insurance, the company might have a lawyer who is supposed to help both the company and the person who bought the insurance. This can be a problem because the company might want to do things that are good for them but not good for the person who bought the insurance. To fix this, the person who bought the insurance might get their own lawyer who only helps them.

A more thorough explanation:

A conflict of interest occurs when there is a problem with the ethical relationship between two parties who have a preexisting connection. This can happen in law when an attorney's interests conflict with those of their client, another client, or a third-party. Attorneys have a responsibility to represent their clients' interests, but when they have multiple clients, their duties can conflict, making it impossible to fulfill both at once.

For example, if an attorney represents both the plaintiff and defendant in a case, advocating for one will inherently be advocating against the interests of the other. Attorneys must check for potential conflicts before accepting a client. If they believe there is a potential conflict of interest, they must notify their client and obtain written, informed consent from all affected parties before proceeding.

Conflicts of interest are particularly relevant in the field of insurance, where the insurance company may represent both the policyholder and the insurer. This creates a potential conflict of interest because the insurance company may take actions that harm the interests of the policyholder. For example, if the insurance company declines an early settlement offer, it may expose the policyholder to greater liability if they lose at trial.

To resolve conflicts of interest in insurance, some states require insurance companies to appoint separate counsel, known as cumis counsel, to exclusively represent the interests of the policyholder. For example, California Civil Code §2860 requires insurance companies to pay for the policyholder's choice of cumis counsel if they wish to reserve their right to contest whether the harm in question is covered by the policy.

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starfishies
16:15
realistically im only hoping for friday ndls
I sent an email updating my resume with a new internship, every single school responded so far except NYU
you know
my top school
starfishies
16:16
nyu is a mess idk i wouldn't have high expectations on turnaround in any fashion
Mostlylegal
16:16
mr ropes, idk why you think 4 pm is the time when waves come im p sure its standard to be like 5/5:30
That’s facts but I trust in Mr ropes he gets me riled up for fo
starfishies
16:17
ropes brought hope back to this chat
oh bestie Mountain is okay I am aware, this cycle was essentially a practice in rejection therapy for me
that being said, that one A is making me question R&Ring
starfishies
16:18
reach out to see if they'd reimburse you for a visit. you should definitely go see the town before you decide
thank you I lowk wasn't sure if we could do that
they let me in after admitted students day and I was like well... what do we do about that
starfishies
16:20
i went to asd and their office is very kind. i think there's a decent chance they'd reimburse you
Mostlylegal
16:21
@starfishies: have you had a date change at ndls?
Their admissions office is actually top tier, had a problem with a letter of rec that went out to all schools and they personally emailed me and made sure it got fixed. Rocketed them up my internal ranking fs
ClassyPleasantHeron
16:25
I'm wondering if that kid in Off Topic has a misconduct file yet, and if I can read it.
starfishies
16:25
@Mostlylegal: yep i got 4/1 i applied early dec (it was my last app) and @Jupiter i really have an overall positive view of the school if you ever need positive confirmation for them
Mostlylegal
16:32
lets hope friday is our day, i just got mine tday
16:35
can i ask an lsat question rq?
Mostlylegal
16:37
sure
starfishies
16:38
yep hoping for some straggling decisions before the 4/15 deposit deadline but ill be alright if not
any guesses on the next wave for loyola chicago?
Looks like no waves td
captaincringe
18:16
Just got a WL email from Loyola Chicago a few mins ago. Good luck!
MrThickRopes
18:42
fo pm gon come thru 4 us tmrw
starfishies
18:43
absolutely
HumdrumSoreGecko
18:52
Any SMU waves soon? App status updated but nothing yet :)
19:15
2.9/17high splitter best shot?
19:15
2.9/17high splitter best shot?
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