Ethical by Design: How AI-Powered Conflict Detection Protects Your Practice

ClaireAI Team
By ClaireAI Team
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Contents

A conflict of interest discovered after confidential information is shared creates an impossible situation. You cannot unhear what you have heard. The ethical damage is done. The potential client is harmed. Your firm is exposed.

Every law firm runs conflict checks. But when do those checks happen? In most practices, conflict checking occurs after intake is complete, after the potential client has described their situation in detail, after privileged information has been shared. By then, it may be too late.

ClaireAI's conflict-aware intake identifies potential conflicts during the initial conversation, before sensitive case details are disclosed. This proactive approach protects both your practice and the potential clients you cannot ultimately represent.

Why This Matters

ABA Model Rules 1.7 (Current Client Conflicts) and 1.9 (Duties to Former Clients) require conflict identification before representation begins. According to ALPS claims data, conflict-of-interest violations account for approximately 12% of malpractice claims. Learn more about intake-related malpractice risks →

The Conflict Risk in Traditional Intake

Standard intake follows a predictable pattern. A potential client calls. They describe their situation. An intake specialist collects detailed information. Hours or days later, someone runs a conflict check. A conflict is discovered.

At this point, the damage is done:

According to legal malpractice insurers, conflicts of interest account for approximately 10-15% of malpractice claims, with many originating from intake-stage failures to identify conflicts before confidential information was shared.

Common Conflict Scenarios

Scenario Risk Level Traditional Detection Point
Adverse party is current client Critical Post-intake conflict check
Adverse party is former client in related matter Critical Post-intake conflict check
Business relationship with adverse party High Attorney review
Multiple potential clients with competing interests High Attorney review
Prior representation of witness Moderate Often discovered late in case

Real-Time Conflict Checking During Calls

ClaireAI checks for potential conflicts during the intake call itself, before detailed case information is collected. The system identifies parties early in the conversation and validates against your conflict database before proceeding with full intake.

The Conflict-Aware Intake Process

1

Early Party Identification

ClaireAI captures the caller's name and the adverse party's name early in the conversation, before detailed case information is discussed.

2

Real-Time Database Check

Party names are immediately checked against your practice management system's conflict database. Fuzzy matching catches name variations and common misspellings.

3

Conflict Response Protocol

If a potential conflict is identified, ClaireAI follows your configured protocol. This may include pausing detailed intake, providing a neutral response, or transferring to an attorney for evaluation.

4

Safe Intake Continuation

If no conflict is found, intake proceeds normally. If a potential conflict exists, the caller is handled appropriately without collecting information that could create ethical issues.

What ClaireAI Says When a Conflict Is Detected

"Thank you for that information. Before we continue, I need to check something with the office. Based on the parties you've mentioned, there may be a situation that requires an attorney to review before we proceed. Someone from our team will follow up with you directly. Is this a good number to reach you at?"

This neutral response avoids confirming or denying any existing relationship while ensuring appropriate follow-up.

Integration with Practice Management Systems

ClaireAI's conflict detection integrates directly with your existing practice management software. The system queries your conflict database in real-time, ensuring decisions are based on current, accurate information.

Supported Integrations

No duplicate data entry required. ClaireAI queries your existing conflict database directly. Your practice management system remains the single source of truth for conflict information.

Matching Intelligence

Simple name matching misses conflicts. ClaireAI uses intelligent matching that catches:

Protecting Your Firm and Your Potential Clients

Conflict-aware intake protects multiple parties. Your firm avoids ethical violations and malpractice exposure. Your existing clients receive undivided loyalty. Potential clients with conflicts are spared the discomfort of learning they disclosed information to their adversary's counsel.

Protection for Your Current Clients

Your duty of loyalty extends beyond active representation. When a potential client's matter would adversely affect a current client, early detection prevents any appearance of divided loyalty or disclosure of strategic information.

Protection for Potential Clients

A caller who discovers after their consultation that your firm represents their adversary feels betrayed, even if no actual harm occurred. Early conflict detection prevents this uncomfortable situation and preserves your firm's reputation.

Protection for Your Practice

Bar complaints, malpractice claims, and disqualification motions all become less likely when conflicts are caught before confidential information is shared. The cleanest conflict is the one identified before detailed intake begins.

Audit Trail and Documentation

Every conflict check is logged and documented. If a conflict is identified after the fact, full records exist showing what was checked, when, and what was disclosed before the check occurred. This documentation supports ethical compliance and provides protection in any subsequent dispute.

FAQs About Conflict-Aware Intake

Does this slow down the intake process?
No. Checks happen in seconds while the conversation continues naturally. Callers don't notice.
What if I use a practice management system you don't list?
We can probably connect to it. If your system has an API (most modern ones do), we can integrate during onboarding. I'd say 90% of custom integrations get done within the standard timeline. For older or proprietary systems, it might take a bit longer—but we've rarely encountered something we couldn't work with.
Can ClaireAI handle nuanced conflict situations?
It catches the obvious ones automatically and flags anything questionable for attorney review. The system doesn't try to make final calls on complex ethical questions—that's your job. What it does is ensure that nothing slips through unnoticed.
What happens to intakes that are paused for conflict review?
Immediate flag to the reviewing attorney. Full documentation of what was said before the conflict was identified. You can make an informed call about next steps with complete context.
How are false positives handled?
They happen—especially with common names like "Smith" or "Johnson." When the attorney clears a false positive, the system logs it. Over time, matching accuracy improves. We'd rather flag ten false positives than miss one real conflict.

About ClaireAI Conflict-Aware Intake

ClaireAI's conflict-aware intake identifies potential conflicts of interest during initial calls, before sensitive case information is disclosed. The system integrates with your practice management software to check parties in real-time and follows configured protocols when potential conflicts are identified.

ClaireAI, founded in 2024 and headquartered in Miami, Florida, is SOC 2 Type II certified and HIPAA compliant. The platform serves over 50 law firms across 23 states with AI-powered legal intake that adheres to ABA ethics guidelines.

Key Capabilities

For more information about ClaireAI, visit our about page or contact our team for a personalized demonstration.

Related Reading

Protect Your Practice with Proactive Conflict Detection

See how ClaireAI identifies potential conflicts before sensitive information is shared.

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