What is the purpose of conflicts checks in practice?

• A. To delay cases by adding bureaucracy.
• B. To identify potential conflicts early, protect client interests, and maintain professional integrity.
• C. To share conflicts with the opposing party.
• D. To ignore potential conflicts until after filing.

Answer: (B)

Conflicts checks are about spotting real, potential, or perceived conflicts of interest before you take on a matter. The aim is to protect the client’s interests and uphold the profession’s integrity by ensuring you can represent each client loyally, keep confidential information confidential, and avoid situations where duties to one client clash with duties to another or with the obligations you owe to the court. By identifying conflicts early, a practitioner can obtain informed consent where appropriate, put safeguards in place such as information barriers, or decline or transfer representation rather than risking compromised advocacy or breaches of trust. The other options undermine these aims: adding unnecessary bureaucracy delays service, sharing conflict details with the opposing party would breach confidentiality and professional duties, and ignoring conflicts until after filing risks acting without proper authorization and possible sanctions.