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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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KnowledgeableRitzyWasp
18:47
@TruthTheX: praying for your gulc uprising
19:15
Ty me too 🙏
19:15
@Silver: if you want to practice in IL then there’s likely no better school than the in state schools
@SpectacularDefiantMouse: yeah, like condemnedpuffygnome, I'm not really preparing for law school by taking some courses or anything like that. The only way I'm going to be preparing is by getting myself into a rhythm schedule-wise, well enough in advance of the first day of classes, that I think will be necessary for me to do well 1L.
I'm very much not in rhythm now. lol. But I've 3-ish months.
19:55
@Silver: Cost of attendance is what matters. $37K in-state tuition = $47K sticker price with a $10K scholarship elsewhere, $70K sticker with a $40K scholarship is better than either, $40K sticker with a $0 scholarship worse than both.
19:55
(Assuming placement etc. is comparable)
Congrats on Harvard, jb2028. Any reason you applied to A&M but not Texas at Austin? Seems odd.
19:58
@BankruptcyAndRestructuringLawIsCool: Family connection, they gave me a CAS waiver so it was free
Question for the chat about judicial internships (not externships). My understanding is that judicial internships (as opposed to externships) during the summer are unpaid. How, then, do people who get them pay living expenses during the summer? Do they just make loans stretch for 12 months when they're only meant for 9? I heard that some people supplement the internship with, e.g., a research assistant position with a law professor. But would such a person both do the internship and the RA position at the same time? And if so, is that too much work or feasible?
I don't know what the workload is really like for judicial internships and RA positions.
Also curious what other things people might do to supplement an unpaid judicial internship over the summer with something paid.
20:20
@BankruptcyAndRestructuringLawIsCool: Many schools will provide some type of stipend for unpaid summer roles with a public interest employer (defined broadly, often includes any gov or judicial job)
Right, I thought so. At BU, though, it appears that what's called BU's public interest project grant is not available to supplement judicial internships. And I think its public service summer funding is also limited. Oh well.
21:13
@BankruptcyAndRestructuringLawIsCool: FWIW they allude to some type of funding ("BU Law has implemented separate funding sources for judicial interns") in this packet https://www.bu.edu/law/files/2023/11/Public-Service-Summer-Funding-Applicant-Packet-2024.pdf
21:13
Although they don't give details, and as you note they don't guarantee funding to everyone (which is in line with other $ they offer, e.g. the LRAP)
21:14
Anyone know how hard it is to do pro bono work as a 1L for judges or fed gov in general in the D.C. market
21:14
Idk much about pro bono opportunities period but thinking I wanna try to get some work experience as soon as humanly possible
21:14
When I begin law school I mean
21:15
Lines up with BU's limited endowment: $81K per student a few years ago, i.e., enough to support a payout of about $3,250 per student per year at a 4% payout rate https://leiterlawschool.typepad.com/leiter/2022/05/per-student-value-of-law-school-endowments-2021.html
21:17
Seems like they're trying to compete with other schools on program headlines (we fund X, Y, and Z and we have an LRAP) but the endowment can't really support that, so they have all these programs but don't guarantee funding. Would not rely on that if you have alternatives.
Thanks for those links. I'll give the public service summer funding information packet, in particular, a careful read. But yeah, your takeaway seems right.
KnowledgeableRitzyWasp
22:33
i could really use some fried chicken right now
KnowledgeableRitzyWasp
22:34
kfc or popeyes
KnowledgeableRitzyWasp
22:34
or korean with gochujang
KnowledgeableRitzyWasp
22:35
i might order some gochujang sauce on amazon and cook some air fried chicken breast filets, they’re really good
KnowledgeableRitzyWasp
22:35
just letting you guys know :)
0:14
Where I can find the definition of the false-endowment?
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