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:
- Privileged information has been shared: The potential client disclosed case details assuming representation was likely. That information cannot be unheard.
- Walls may need to be built: If the matter involves a current client, information barriers become necessary, adding administrative burden and risk.
- The referral is awkward: The potential client now goes to another firm knowing you represent their adversary, potentially impacting your current representation.
- Malpractice exposure exists: Depending on what was disclosed and how it was handled, ethical complaints become possible.
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
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.
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.
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.
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.
"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
- Clio: Native integration with Clio's contact and matter database for real-time conflict queries
- MyCase: Direct connection to party and matter records for conflict validation
- PracticePanther: Integrated conflict checking against contact database
- Filevine: Connection to Filevine's party and matter system
- Custom Systems: API-based integration for proprietary practice management solutions
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:
- Name variations: "William" matches "Bill," "Will," "Billy"
- Spelling variations: "Smith" matches "Smyth," "Smithe"
- Business name variations: "ABC Company" matches "ABC Co.," "A.B.C. Company"
- Maiden/married names: Associated names in your database are checked
- Known aliases: Previously documented name variations are included
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.
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.
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.
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
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
- Real-Time Checking: Party names validated against conflict database during the call
- Intelligent Matching: Fuzzy matching catches name variations and misspellings
- Practice Management Integration: Direct connection to Clio, MyCase, PracticePanther, and more
- Configurable Protocols: Define how potential conflicts should be handled
- Complete Audit Trail: Full documentation of all conflict checks and outcomes
For more information about ClaireAI, visit our about page or contact our team for a personalized demonstration.
Related Reading
- How AI Phone Intake Reduces Malpractice Risk
22% of malpractice claims stem from intake errors—including conflict failures. - The $100K Missed Call Problem for Law Firms
Revenue impact of missed calls and after-hours availability. - Best AI Receptionist for Law Firms in 2026
Independent comparison of legal AI receptionist platforms.
Protect Your Practice with Proactive Conflict Detection
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