Conflicts Considerations When Updating Matters

There are a few reasons why updates to existing matters are necessary:

1. You have to add a new party to an existing matter.
2. You have to change a matter description.
3. You have to change the name of a party.
4. You have to reopen a closed matter.

Aside from correcting typos, RARELY would you do all of the above to an existing matter.  If you are updating an existing matter and asked to perform all of the above tasks, you most likely need to open a new matter.  

Pay careful attention to the description of a matter.  If you are asked to change the matter description from something like “Plaintiff vs. Defendant” to something like “New IP Matter Description” then this likely is an entirely new matter.  

You will also want to be careful when adding new parties or changing the name of existing parties.  Be sure to confirm that a new party is being added with the correct relationship and / or role, and determine why they were not originally listed on the conflict check form.  More importantly, if you are changing the name of an existing party to a different legal form (from Inc. to LLC, etc.), be sure to run a new search if the previous corporate family was not already searched.

Finally, when reopening matters, be sure that you’re not simply reopening a matter so that time can be billed for the same client but a different matter.  Due diligence is tricky and requires careful attention to every detail.

Please share your thoughts and any questions in the comments section below.

Ryan Vago
Founder & President
RION Corp.