Conflicts

There are two fundamental rules that we as attorneys strive to meet in all circumstances.   First; we maintain, except in limited circumstances, all confidential information given to us by our clients.  Second, we will represent each client to the best of our ability without competing obligations.  From these two rules, attorneys are required to investigate whether a new representation will compromise the confidential and unconflicted representation of existing clients.

Often, the representation of two different clients will not at the beginning create such problems but may cause problems later.  Whenever a representation would create a situation in which the confidential information of one client would be useful to another, the law firm must resign from the representation of one or both clients.  When that happens, a law firm will typically suggest to its clients other law firms that may be able, absent similar conflicts, to assist in that particular matter, sometimes known as a “referral”.  The law firm receiving this type of referral does not compensate the referring law firm, but is usually chosen for its recognized competence in the matter.

In light of this, we are often called upon by clients or other law firms to undertake representations in which our firm, unlike most comparable firms in Charlotte, would have no conflict.  These conflict referral matters frequently involve conflicts with large banks or other financial institutions, especially these centered in Charlotte.  Although we have from time to time represented, on a highly selective basis, smaller and mid-size financial institutions, we remain free from conflict with these larger institutions.

Conflict matters also frequently arise from situations where employees, officers, business owners, or shareholders, are technically or actually adverse to their employers, their corporation, or their co-owners, and need independent counsel.  We have extensive experience in such representation.

This means that if you require competent counsel to represent your interests in situations where large financial institutions may have positions adverse to yours – anything from friendly negotiations to outright hostility – we are specially suited to represent you.