At the Fall 1995 National Legal Malpractice Conference Carol N. Cure of O’Connor Cavanagh, Phoenix, Arizona offered the following list of times to do conflict analysis:
- Before promoting a specific new client.
- Before the initial consultation about a new matter.
- After the initial consultation, whenever new names are obtained.
- When opening a new matter, whether for an old or new client.
- Before any pleading is filed that names new parties.
- Before naming a non-party at fault, where required to do so.
- Before noticing formal discovery on a non-party (e.g., a subpoena).
- Whenever new experts are identified by any party.
- Before any new transaction is undertaken.
- Before a major business transaction by a firm attorney.