Law Stack Exchange
Law Stack Exchange

Questions tagged [conflict-of-interest]

42 questions
17
votes
1 answer

Is there precedent for Supreme Court justices recusing themselves from cases when they have strong ties to groups with strong opinions on the case?

According to this article in Newsweek, people are calling for Amy Coney Barrett to recuse herself from the 303 Creative LLC v. Elenis case because she has strong ties to anti-gay Christian groups. While these people are probably right that she is…
T Hummus
  • 656
  • 6
  • 14
17
votes
2 answers

Would a Trump-nominated Supreme Court justice be expected to recuse themselves from a Trump case?

As of Oct 21, 2022, the January 6 Committee has issued a subpoena to former president Trump, setting up the potential for a case against Trump to end up in front of the Supreme Court. I spent awhile trying to find precedent on what would happen were…
TheEnvironmentalist
  • 2,285
  • 3
  • 22
  • 31
12
votes
2 answers

Why do solicitor advice procedure regulations require collection of landlord details at client intake when solicitors advise on tenancy issues?

I've been informed by a law firm that they are required by national regulations of the solicitors' authority to collect a landlord's name and address (not the address of the property in question, but the landlord's own operating address) before they…
Dmitri
  • 143
  • 7
7
votes
3 answers

Can the right to self-represent be waived due to conflict of interest?

If a plaintiff and defendant have a personal connection, and one (or both) of them represents themselves, won't that pose a conflict of interest between the councillor(s) and the opposing side(s)?
user110391
  • 1,008
  • 8
  • 19
7
votes
6 answers

How can we resolve a bet on a question of law?

Bob and Rob debate a question of law and do not agree. There isn't any material dispute between them to go to court about. They just want to find out what the legal truth is / who is right and who is wrong. They can ask the question on this site and…
Greendrake
  • 28,487
  • 5
  • 71
  • 135
5
votes
2 answers

Can I initiate a civil lawsuit in order to get the answer to a legal hypothetical?

Suppose that I and a friend of mine are interested in resolving a particular legal hypothetical within the realm of civil law. The exact details are not important here, but no party of the hypothetical has a liability except to each other -- say,…
Danya02
  • 193
  • 4
5
votes
1 answer

Is the vice-president an employee for the purpose of 5 CFR §2635.502?

It's been suggested on politcs.SE (but the question was closed as off-topic there) that a US vice-president needs to comply with 5 CFR §2635.502 which sets stricter standards for conflicts of interest than 18 USC § 209. In the regulations the mere…
Looking for loopholes
  • 3,815
  • 15
  • 34
4
votes
1 answer

What would happen if a case before the Supreme Court court involved a conflict of interest for all justices?

I realize this might be a silly scenario, but suppose that nine of the storage units in the Wooden v. United States case had been rented by Supreme Court justices. Then all of the justices might have a conflict of interest in a case that was…
adam.baker
  • 1,315
  • 2
  • 10
  • 19
4
votes
1 answer

Do threats against an attorney constitue a conflict of interest?

When an attorney is considering handling a case, and receives off-the-record threats against his(/her) life, property, family, professional future, etc., is it ethical for the attorney to simply tell the prospective client that (s/)he has a conflict…
WBT
  • 5,076
  • 2
  • 32
  • 61
3
votes
1 answer

How does a paid endorser avoid conflicts of interest?

Suppose you are a blogger and you write about the products and services of Company X. You are being paid by Company X to do this. How do you avoid conflicts of interest in the process? I would imagine that the first step is to disclose the…
Libra
  • 6,720
  • 5
  • 28
  • 56
3
votes
1 answer

How would the Supreme Court deal with a challenge to a law directly pertaining to themselves

Say congress passes a law for the sole purpose of curtailing or expanding the power of the US Supreme Court. Opponents challenge it on the grounds of the law being non constitutional. Were the case to make it to the SCOTUS what would happen then?…
Schmerel
  • 223
  • 2
  • 7
3
votes
2 answers

Conflict of Interest

Should a plaintiff or defendant ask a prospective lawyer to check for conflict of interest before disclosing information to that lawyer in case the same lawyer has been hired by the opposing defendant or plaintiff in the same case? Why or why not?
HelloDarkWorld
  • 625
  • 3
  • 13
2
votes
1 answer

Potential jurors in a state election fraud scheme-conflict of interest?

Obviously this question was inspired by recent events in the United States, specifically the state of Georgia. It applies more generally though to any such case. I thought that in order to be a juror in a case, you couldn't have a personal…
Alan
  • 805
  • 6
  • 14
2
votes
1 answer

Would judges need to recuse themselves if they own shares of index funds?

I understand that there is some requirement or expectation for judges to recuse themselves from cases where they would have a financial interest in the outcome. Index funds were said to represent ~20% of mutual fund assets in 2014, and I imagine…
adam.baker
  • 1,315
  • 2
  • 10
  • 19
2
votes
1 answer

Under what circumstances is a lawyer permitted to draft documents "friendly" to the other side?

There are typically two parties on any contract, call them buyer and seller. Contracts can be drafted that are neutral, or they could be friendly to either the buyer or the seller. I can see a case where one party says "I really want this deal;" I…
Libra
  • 6,720
  • 5
  • 28
  • 56
1
2 3