Legal Question in Legal Ethics in California

I work for a litigation support company. We provide EDD processing and Data Hosting services. Do service providers like me, who do not provide legal advice of any kind but purely provide technical services, have a legal duty to perform detailed conflict checks before taking in new work? And what would define a conflict? This issue is discussed frequently wiithin providers but I am pretty sure that no one knows the answer. And I have yet to come across a vendor that has an actual conflict checks process in place. I am thinking we should not be subject to conflict checks, unless our clients have specific requirements they want us to adhere to?


Asked on 1/25/12, 11:16 am

3 Answers from Attorneys

Your company is not subject to the State Bar Act and State Bar Rules of Professional Conduct, and so are not expressly subject to conflicts law. However if you are owned and/or run by licensed attorneys they may well be. The firms that retain your services may have issues as well, since they may be liable for your conflicts. To my knowledge, however, this issue has neither been legislated nor litigated. So there may well not be any conclusive answer.

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Answered on 1/25/12, 11:22 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The attorneys and/or law firms who are your customers have the responsibility to contractually require your company to maintain confidentiality and to avoid or report conflicts.

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Answered on 1/26/12, 1:46 am
Anthony Roach Law Office of Anthony A. Roach

I think that is a good question. Mr. McCormick's analysis seems sound, as you are not subject to the Rules of Professional Conduct, or the State Bar Act if you are not a licensed attorney. The attorneys you work fo,r however, may have issues regarding the data, especially if you are handling data regarding clients in different firms who are adverse to each other.

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Answered on 1/26/12, 4:41 am


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