IDEAS home Printed from https://ideas.repec.org/a/icb/wpaper/v2y2015i1203-212.html
   My bibliography  Save this article

Conflicting Interests. The Conflict of Interest and Lawyering

Author

Listed:
  • Alexandru MUNTEANU-LUCINESCU

    () (Spiru Haret University, Faculty of Legal, Political and Administrative Sciences, Șoseaua Berceni, no. 24, sector 4, Bucharest, Romania)

  • Anelis-Vanina ISTRATESCU

Abstract

This paper makes a contribution to the understanding of the confusing concept of conflict of interest by providing a sound theoretical framework for its analysis that could also be used to foster the developing of an explicit definition of this concept in the Romanian and the European Union regulations concerning lawyering. In the first section it is developed a comprehensive typology of conflicting interests that discriminates between intrapersonal conflicting interests and interpersonal conflicting interests, on one hand, and, on the other hand, between conflicting interests that operate in the context of a fiduciary relationship and conflicting interests that arise outside such a relationship. It is equally considered the influence that intrapersonal conflicting interests could have on each other with respect to the ability of the fiduciary to undertake an action and to conduct a decision-making procedure. Some relevant perspectives on conflict of interest are considered through the lens of the elaborated typology of conflicting interests and benchmarks for a more thorough definition of conflict of interest are advanced. The paper supports the conclusion that the conflict of interest could affect the judgment of a fiduciary in undetectable ways which compromises the reliability of the professionals affected by it. We also approached specific aspects of the applicability of the concept in lawyering, also noticing the lack of a precise definition, which underlines the necessity to elaborate one in a detailed and explicit manner.

Suggested Citation

  • Alexandru MUNTEANU-LUCINESCU & Anelis-Vanina ISTRATESCU, 2015. "Conflicting Interests. The Conflict of Interest and Lawyering," International Conference on Economic Sciences and Business Administration, Spiru Haret University, vol. 2(1), pages 203-212, December.
  • Handle: RePEc:icb:wpaper:v:2:y:2015:i:1:203-212
    as

    Download full text from publisher

    File URL: http://icesba.eu/RePEc/icb/wpaper/ICESBA2015_25Lucinescu_p203-212.pdf
    Download Restriction: no

    More about this item

    Keywords

    conflict of interest; conflicting interests; agent-principal problem; decision-making procedure; fiduciary; lawyering;

    JEL classification:

    • K2 - Law and Economics - - Regulation and Business Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:icb:wpaper:v:2:y:2015:i:1:203-212. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Rocsana Bucea-Manea-Tonis). General contact details of provider: http://icesba.eu .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.