Law Practice Management

• Citation: Vol. 48 No. 3 Pg. 54
• Year: 2025
• Pages: 54

Law Practice Management Vol. 48 No. 3 Pg. 54 Wyoming Bar Journal June, 2025

Prospective Clients and the Conflicts They Bring

Mark Bassingthwaighte

In the legal profession, failing to properly manage conflicts of interest with prospective clients can lead to ethical dilemmas, compromised client trust, and potential legal repercussions. "How?" you might ask. Consider the following.

A lawyer is approached by a family who owned and operated a daycare center. They needed a lawyer because their son was facing criminal charges alleging that he inappropriately touched several of the children at the center. Although this lawyer ultimately declined the matter, during the initial consultation he did learn what their defense strategy would be. In part, they claimed their son never had an opportunity to be alone with any of the children.

Mark Bassingthwaighte has been a Risk Manager with ALPS since 1998.

Now, let's fast forward 18 months. This same lawyer just received a call from another prospective client, who happens to be the parent of one of the kids inappropriately touched. This individual is wanting to sue the...