Law firms must set standards for their case work just as they do for their finances and for their compensation. Case Standards and Procedures need to be in place before the case arrives in order to be effectual. Those standards must be determined by the Partnership. Individuals who will not accede to those standards must be controlled. That's the question that partners should ask themselves.
Conflicts are close calls.
They are difficult because they are complicated. Law firms must address the ethical issues of their practice in their Partnership or Shareholders agreement. More than one opinion should always be brought to bear in a potential conflict situation. In an ideal world, lawyers could practice their craft unconcerned by prospects of law suits against themselves for malpractice. Since we are far from that circumstance, it behooves lawyers to practice defensively and to do all that they can to protect themselves before and after the claim occurs.