Conflicts of Interest (consent)

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4 Terms

1
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Informed consent in writing required:

Former Client conflicts

Imputation of Conflicts

Conflicts involving 3rd party neutrals

Prospective client conflicts

Business transactions

Using info for personal gain

Third-party compensation

Aggregate settlement claims

2
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Informed consent in writing not required:

When the conflict can be resolved by screening:

  • prior firm imputations

  • former third-party neutral conflict imputations

when the conflict is based on the lawyer’s personal interest

3
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When is a conflict non-waivable?

Direct adversity in the same proceeding

P v. D

4
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Partisan arbitrators

not prohibited from representing that party