You decide you want a divorce, or your spouse tells you they want a divorce. You are served divorce papers from a process server or law enforcement. You want help now. You do not want to wait. Folks dealing with divorce understandably want prompt attention from day one; however, there is a requirement most people have never heard of, which can create an unfortunate but necessary waiting period: conflict checks.
What is a conflict check?
Before an attorney can discuss your case at length and in-depth, The Iowa Rules of Professional Conduct require Iowa lawyers to see if any conflicts of interest exist in the event you hire the attorney. The attorney’s law firm must also ensure there are no conflicts, since, after all, when you hire the attorney, you are also hiring the attorney’s firm. And it doesn’t matter what US state you live in or where you’re getting a divorce, conflict checks are a fact of life at a law firm.
A conflict check is an investigation to see if the interests of a past or current client of the attorney and/or their law firm interfere with your interests, the potential client. If a conflict is found it usually means the attorney cannot represent you because they owe a duty of loyalty to a past or former client.
How conflict checks work
Returning to that moment of urgency when you want help now, this is where conflict checks can cause you headaches. You need to speak with a family law attorney right away. You call the attorney or law firm. The person with whom you speak, rather than connecting you directly to the attorney, asks you to complete a potential new client form. Rather than getting immediate legal advice, you must first complete a form. That is understandably the last thing you want to do.
The potential new client form typically asks for the full names of you, your spouse, and any children; mailing addresses, e-mail addresses; telephone numbers; employers, if any; and asks if there is any other information the lawyer should know immediately. The form is then quickly sent to the attorney or law firm’s conflict check team where all your information is confidentially entered into the conflict check system. Most often, there is not a conflict, and the check clears the same day or the next day. This means the attorney can now meet with you. If a conflict does exist, the attorney will tell you they are unable to represent you.
Bottom line
Waiting for the conflict check to clear is not easy. Anyone in your situation would want to immediately speak with an attorney; however, speaking with an attorney right away without a conflict check can lead to multiple problems for you, the attorney, and potentially your spouse. But waiting for the conflicts check is another way to be sure you are hiring the right lawyer for your case – often, the best attorneys are worth the wait.
