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LSDefine

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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GodsPlanUltimately
22:47
Rationally that's what I thought but irrationally I was like crying throwing up did I mess it up lol
babycat
22:49
Lol you’re all good
GodsPlanUltimately
22:49
I'm assuming then for status checking eventually that the school emails you that information once LSAC finishes processing?
babycat
22:50
Yep
GodsPlanUltimately
22:50
Thank you ╱|、 (˚ˎ 。7 |、˜〵 じしˍ,)ノ
GodsPlanUltimately
22:50
Just stressing because this is my first and only app.
GodsPlanUltimately
22:53
Does the CAS Report send once the school requests it or do I have to send it ?
babycat
23:02
It sends automatically
babycat
23:02
Why only one app?
GodsPlanUltimately
23:06
I'm in a dual degree program that my undergraduate has where if you meet a gpa and percentile you can have your senior year be your L1 ! Cuts off a year of time and money and the partner was my top pick for law anyways. It all just worked out and since it's ED can't really apply anywhere else because the L1 transfers back to complete my degree. :)
babycat
23:14
oh that’s nice! I guess you have a high degree of certainty about the process then
Dkk
0:10
Welcome. About to eat another ghost pepper. @babycat
Dkk
0:27
God my mouth is burning so much
@babycat: A few things. I mean, for one, this is my fifth year of undergrad (graduating with a dual BA/MA), so I don't think academically I'm incredibly behind or anything. Beyond, that I've explored other fields, and for the very niche area of public interest work I am interested in, law is the only way I can make a substantiative difference so why not start now.
And also my other options just are not great. I could take a shit paying job at a think tank, I was offered a job at, but I don’t find the work interesting. Or I could continue in academia, getting a phd, but again just not especially interested in academic philosophy.
I would say more, but I am very close to doxxing myself if I haven’t already.
Dkk
1:02
5th year at 19. That is amazing.
Dkk
1:02
So you started when you were 14. Wow.
Dkk
1:11
I tried to find you but if still in school, other names pop up first. Do you drink alcohol? If not, you should start drinking to catch up to me. @texas
I started at 15
turning 20 this year
or well very beginning of next year
Dkk
1:15
My best advice is to start learning wine and cocktails asap. Take the introductory and certified sommelier exam as soon as you hit 21.
Dkk
1:16
I could not find you with that information. You are still probably pretty safe. Though I did not use all my search engines or filters.
@Dkk: That is good. Granted I don't think being doxxed would be the end of the world, but who knows.
And, yeah, I have drinken a little bit over the last couple of years (what college student hasn't), but not a massive fan
Dkk
1:24
That is cus college people drink like idiots. I was not a fan at my first college and I did not start drinking until I was 22.5. The art of Sommelier stuff though is less about drinking and more about thought process. Kind of a puzzle like a logic game. Same with cocktails. You will love it if you hate college type drinking.
Dkk
1:25
It's something to do outside of the things you mentioned, it is useful for networking, and it will help you in law school. It will help you find exactly what you want to do in law school.
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