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A conflict of interest refers to a situation where two people, organizations or a group may have competing interests. In such cases, one interest can corrupt the other interest of the people involved. Every state may have a different policy regarding conflict of interest. Given below are some of the popular questions about conflict of interest that have been answered: If a person holds two roles in an organization, will it be considered a conflict of interest?
If a person holds two roles in an organization, the conflict of interest policy may be decided by the stake holders in the organization. If the responsibilities of the person in both the roles are out in the open and have been approved by the stake holders, then it may not be considered to be illegal. A real estate agent makes a special consideration for a buyer which can go against the seller because the buyer shows an interest in the agent’s property. Will such a situation be considered a conflict of interest?
It may be considered to be a conflict of interest when the people involved have two competing interests. In most cases, a conflict of interest may be established in court. In a case like the one mentioned above, it may become tough to prove that both the deals are interconnected. The seller can however refuse the offer from the buyer and look for a new agent whenever he/she wants to. What would be the consequences if a person’s attorney also does litigation work for the attorney of the opposite party?
If an attorney does litigation work for the opposing party’s lawyer, it may be considered to be a legal conflict of interest. This is because an attorney who represents a case may not be allowed to represent the opposing party as well. The person involved can ask the attorney to stop working for the opposing party or fire him/her. In some cases, the person can also sue the attorney for malpractice and take up the matter with the disciplinary bar. What can be done if there is a conflict of interest with a judge that is assigned to a case?
A judge that is assigned to any case is expected to be fair and impartial to the case. It is important for the judge to inform all the people involved in the case if he/she is associated in any way with either of the parties in the case and take their consent before he/she is assigned the case. If the judge does not inform the people involved and it is later found out that there is a conflict of interest, then the person can file a motion with the court asking the judge to rescue himself/herself. The judge may be asked to step down and the case may be assigned to someone else. Will it be conflict of interest if a person hires a lawyer who is also a friend?
It may not be considered a conflict of interest if a person hires a lawyer who is also a friend. Will it be considered conflict of interest in Virginia if an administrative of a county works with a nonprofit organization that gets grafts from the government?
No law in the state of Virginia prevents an administrative of a county from working with a nonprofit organization. However, if this association leads to corruption in the county, then the administrator can be charged criminally. One can also file litigation against the people involved for breach of fiduciary duty. A conflict of interest may not be established until it is proved in court. It is important for you to have as much knowledge about it as possible if you want to file a case in court on the basis of conflict of interest. You can ask a lawyer if you have any questions regarding conflict of interest.
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