Conflicts & New Business Analyst
Conflicts & New Business Analyst
The DC office of our client is seeking a Conflicts & New Business Analyst. The individual will utilize knowledge of conflicts detection methods and resources to research conflicts and financial data on potential clients, case work, new hires, marketing, and promotional requests.
- Monitors and responds to conflict-checking emails, requests for new client and new matter for existing client (new business) approval, requests to clear candidates and other requests for information
- Maintains and monitors firm’s adherence to protocol for clearance of new business, including educating all levels of attorneys and staff regarding timely and accurate disclosure of prospective and cleared work view firm wide conflicts checks
- Maintains firm’s Ethical Wall databases and works with Loss Prevention Counsel on other internal monitors and alerts to help sustain and uphold adherence to ethical requirements and standards for new business and new hire acceptance
- Administers the conflicts review process for candidates and the intake of new business:
- Executes searches and conducts research using firm databases and other resources on all company names submitted for employment and new business purposes as well as any associated names, adverse parties, subsidiaries, or affiliated entities identified through research to determine the nature of potential conflicts
- Analyzes and interprets database and research results (including using judgment to distinguish relevant search results from those that are irrelevant) in order to identify potential issues in employment or new business that may affect compliance with firm policies and the relevant Model Rules of Professional Conduct of the American Bar Association. Performs due diligence and credit checks on prospective new clients. Follows up with appropriate financial services personnel and/or other stakeholders if stop-open flag is discovered during new matter approval research; determines whether the firm can proceed with new matter approval process; reports findings to stakeholders along with recommendations for proceeding with new matter approval process if applicable.
- Generates accurate and succinct conflicts report and supporting documentation based on initial analysis of research results, summarizes its content, makes preliminary judgments, communicates results and recommendations to appropriate decision makers, and resolves potential conflicts with attorneys representing current clients
- Proactive collaborates with responsible attorneys, recruiters and others on identified potential conflicts to obtain any additional information as needed and determines the preferred course of resolution. Facilitates issue resolution by providing attorneys, recruiters and others on recommendations on the steps necessary to resolve any identified potential conflicts
- Understands client disclosure obligations and limitations and determines the extent to which waivers are required to resolve certain conflicts. In consultation with Loss Prevention Counsel, recommends and initiates courses of action to nullify or mitigate firm’s vulnerability including proposing, drafting and tracking completed documents that will enable attorneys to better manage their interactions with potential and actual clients such as:
- Engagement letters (including specialized waiver language specific to individual engagements) to ensure that the firm does not agree to client requirements that are inconsistent with the policies and procedures of the firm.
- Ethical Wall Memos to address conflicts of interest (generally regarding a conflict or potential conflicts between two or more clients, or a conflict between a client or proposed clients and a new hire or existing firm member), including discussing screen with involved parties to ensure purpose of the memo is understood and working with involved attorneys until all are satisfied with the memo.
- Accommodation Letters to state that the firm does not have an attorney-client relationship to non-client co-assignees and states that the firm only represents the client on the matter, and as an accommodation to the co-assignee.
- Waiver Letters for the execution by firm clients and candidate clients(s) in the event of waivable conflicts or in the event of actual conflicts in which client consent is received
- Joint Representation Agreements that specifically disclose the risks of joint representation, explain the circumstances under which the firm would be willing to represent both parties simultaneously if, after full consideration of the consequences, both clients wish the firm to do so, and obtain consent from both clients.
Knowledge, Skills, and Abilities:
- Bachelor’s degree required
- Previous experience in conflicts checking preferred
- Strong data entry and word processing skills
- Strong analytical and organizational skills; strict attention to detail is required
- Intermediate experience in Microsoft Office (PowerPoint, Word and Excel); strong knowledge of the Internet/Intranet
- Ability to conduct research using the Internet and other electronic resources
- Ability to understand and interpret conflicts and other reports and summarize their contents