Conflict of Interest Screening Checklist [FREE PDF]

Conflict of interest screening is a foundational duty under ABA Model Rules 1.7, 1.8, and 1.9, requiring firms to identify adverse interests before accepting new engagements. Failure to perform thorough screening can result in disciplinary action, fee forfeiture, disqualification, and reputational harm. This checklist guides managing partners and compliance directors through a structured COI review process consistent with professional responsibility standards.

Industry: Law Firm
Frequency: Per Event
Estimated Time: 20-35 minutes
Role: Managing Partner
Total Items: 33
Compliance: ABA Model Rules of Professional Conduct 1.7 (Conflict of Interest: Current Clients), ABA Model Rules of Professional Conduct 1.9 (Duties to Former Clients), AICPA Professional Standards ET Section 1.110 (Integrity and Objectivity Rule), AICPA Professional Standards ET Section 1.700 (Independence Rule), SOX Section 206 (Conflicts of Interest for Auditors)

Prospective Client Identification

Gather complete identifying information on the prospective client and all related parties to enable a thorough database search.

Has the prospective client's full legal name, aliases, and corporate affiliates been documented?
Have all adverse parties and related third parties been identified and listed?
Has the nature of the representation (transactional, litigation, advisory) been clearly defined?
Have the responsible attorney and supervising partner for the matter been identified?
Has a formal conflict check request been submitted to the conflicts database system?

Current Client Conflict Analysis

Assess whether the prospective engagement creates a direct or indirect conflict with any currently represented client.

Does the conflicts database search reveal any current client with an adverse interest to the prospective client?
Does accepting this matter create a material limitation on representation of any current client?
Have all attorneys in the firm been notified to flag potential conflicts for this matter?
If a current client conflict is identified, has a written analysis of consentability been completed?
Has the conflicts review been documented in the firm's matter management system with a timestamp?

Former Client & Lateral Hire Conflict Review

Evaluate potential conflicts arising from prior representations and attorneys who joined the firm from other practices.

Does the conflicts search identify any former client substantially related to this matter?
Have lateral hires' prior firm client lists been searched against current adverse parties?
If a former client conflict is identified, has a screening wall / ethical screen been established?
Has the former client been notified in writing where required by applicable rules?
Are all screened attorney participation restrictions documented and communicated to the team?

Personal & Business Interest Disclosures

Identify financial, personal, or business interests held by firm personnel that could impair independence or objectivity.

Does any attorney or key staff member hold a financial interest in the prospective client or adverse party?
Does any firm member have a family or personal relationship with a principal of the prospective client?
Has a personal conflict disclosure form been completed by all attorneys assigned to the matter?
Have any gifts, loans, or other benefits received from the prospective client been disclosed?

Auditor & Consultant Independence (If Applicable)

For accounting and consulting engagements, verify independence from the prospective client per SOX and AICPA standards.

Does the engagement involve audit, attestation, or assurance services requiring strict independence?
Has a cooling-off period analysis been completed for any former firm employee now at the client?
Are all non-audit services proposed for the client reviewed for independence impairment?
Has the firm's independence confirmation letter been prepared for audit committee submission?
Have all financial interests in the prospective attest client been confirmed as none by engagement team?

Informed Consent & Waiver Process

Where conflicts are consentable, ensure proper informed consent is obtained and documented from all affected clients.

Have all affected clients received a written explanation of the conflict and the firm's proposed resolution?
Have signed conflict waiver or consent letters been obtained and filed in the matter record?
Has outside independent counsel review been recommended to consenting clients where appropriate?
Has the managing partner reviewed and approved the conflict resolution decision in writing?

Clearance Decision & Ongoing Monitoring

Record the final conflict clearance decision and establish procedures for monitoring conflicts throughout the engagement lifecycle.

Has a final conflict clearance status (Cleared / Cleared with Screen / Declined) been recorded?
Have conflict monitoring triggers been established for the duration of the engagement?
Has the conflict screening record been stored in a retrievable, long-term compliance archive?
Has a summary of the conflict review been added to the engagement letter or retainer agreement?
Are any additional notes or conditions required to document the clearance decision?

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Why Use This Conflict of Interest Screening Checklist [FREE PDF]?

This conflict of interest screening checklist [free pdf] helps law firm teams maintain compliance and operational excellence. Designed for managing partner professionals, this checklist covers 33 critical inspection points across 7 sections. Recommended frequency: per event.

Ensures compliance with ABA Model Rules of Professional Conduct 1.7 (Conflict of Interest: Current Clients), ABA Model Rules of Professional Conduct 1.9 (Duties to Former Clients), AICPA Professional Standards ET Section 1.110 (Integrity and Objectivity Rule), AICPA Professional Standards ET Section 1.700 (Independence Rule), SOX Section 206 (Conflicts of Interest for Auditors). Regulatory-aligned for audit readiness and inspection documentation.

Frequently Asked Questions

What does the Conflict of Interest Screening Checklist [FREE PDF] cover?

This checklist covers 33 inspection items across 7 sections: Prospective Client Identification, Current Client Conflict Analysis, Former Client & Lateral Hire Conflict Review, Personal & Business Interest Disclosures, Auditor & Consultant Independence (If Applicable), Informed Consent & Waiver Process, Clearance Decision & Ongoing Monitoring. It is designed for law firm operations and compliance.

How often should this checklist be completed?

This checklist should be completed per event. Each completion takes approximately 20-35 minutes.

Who should use this Conflict of Interest Screening Checklist [FREE PDF]?

This checklist is designed for Managing Partner professionals in the law firm industry. It can be used for self-assessments, team audits, and regulatory compliance documentation.

Can I download this checklist as a PDF?

Yes, this checklist is available as a free PDF download. You can also use it digitally in the POPProbe mobile app for real-time data capture, photo documentation, and automatic reporting.