Many solo & small firm lawyers think conflicts of interest are a “big firm” problem. They’re not. In fact, small firms are often more vulnerable because they lack the institutional checks and balances that large firms rely on: formal conflict databases, multiple layers of intake review, and designated ethics counsel.
In a firm with two to ten lawyers, everyone is involved in nearly every case, especially at intake. And the overlap of roles—consulting, drafting, appearing in court—makes it more likely that a prior contact, however brief, could trigger a conflict under Rule 1.7 (current client conflicts) or Rule 1.9 (former client conflicts).
Here’s a scenario I see often: A small firm represents a local business in various matters many years ago and then seizes to represent them. In the present day, a new client comes in with a dispute against that business. No one recalls the earlier work—until the conflict is raised in discovery or motion practice. Suddenly, the firm is in hot water because they breached a duty to a former client for being on both sides of a matter, and disqualification is only the start of the consequences.
Even worse is the “informal consult.” A potential client calls your office, shares key facts, and never signs an agreement. Six months later, you’re representing the opposing party. That initial phone call? That might have created a former-client relationship under California law, especially if the client reasonably believed they were seeking legal advice or they provided material confidential information.
To protect yourself, your firm should:
- Maintain a searchable conflicts log—Reveyr Premier is a perfect solution.
- Use standardized intake forms that collect related party names.
- Establish a firm-wide procedure for flagging conflicts early.
- Train all lawyers and staff to recognize conflict triggers.
Remember, a disqualification motion isn’t just embarrassing—it can derail a case, harm your reputation, require the disgorgement of fees and expose your firm to discipline or malpractice. I build conflict-checking systems tailored for small firms, because the risk is real, and the fix is entirely doable.
Small firms don’t get a pass on ethics. They need smarter systems.