Conflicts of Interest: Current Clients

Rule 1.7(a)

Rule 1.7 - Conflict of Interest: Current Clients

(a) Except as provided in 1.7(b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A current conflict exists if:

1. the rep of one client will be directly adverse to another client, or

2. there is a significant risk that the rep of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer

Rule 1.7(b)

Rule 1.7 - Conflict of Interest: Current Clients

(b) If a concurrent conflict exists under 1.7(a), a lawyer may rep a client if:

1. Lawyer reasonably believed that they will be able to provide competent and diligent rep to each affected client,

2. the rep is not prohibited by law,

3. the rep does not involved the assertion of a claim by one client against another client repped by the lawyer in the same litigation or other proceeding before a tribunal, and

4. each affected client gives informed consent, confirmed in writing

Rule 1.7 (comment 24)

Rule 1.7 - Conflict of Interest: Current Clients

(comment 24) ordinarily a lawyer may take inconsistent legal positions in different tribunals at different times on behalf of different clients

• the mere fact that advocating a legal position on behalf of one client might create a precedent adverse to the interests of another in an unrelated matter does not create a conflict

• conflict is created if there is a significant risk that a lawyer’s action on behalf of one client will materially limit the lawyer’s effectiveness in representing another client in a different case; factor analysis for whether clients need to be advised of the risk include:

  • where cases are pending

  • whether the issue is substantive or procedural

  • temporal relationship between the matter

  • significance of the issue to the immediate and long-term interests of the clients involved and the clients’ reasonable expectations in retaining the lawyer

• If there is a significant risk of material limitation, then absent informed consent, lawyer must refuse one of the representations or withdraw from both

Rule 1.10(a)

Rule 1.10 - Imputation of Conflicts of Interest

(a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rule 1.7 or 1.9, unless:

1. prohibition is based on a personal interest of the disqualified lawyer and does not present a significant risk of materially limiting the rep of the client by the remaining lawyers in the firm, or

2. prohibition is based on Rule 1.9(a) or 1.9(b) and arises out of the disqualified lawyer’s association with a prior firm, and

   i. the disqualified lawyer is timely screen from participation and is not apportioned any part of the fee

   ii. written notice is promptly given to any affected former client describing the screening procedures employed, compliance with ethical rules, review may be available before a tribunal. and an agreement by the firm to respond promptly to any written inquiries or objections by the former client about the screening procedures, and

   iii. certifications of compliance with the rules and screening procedures are provided to former client by the screened lawyer and a partner of the firm upon former client’s written request and upon termination of the screening procedures

What is the main idea of Rule 1.10(a)?

All lawyers under one roof are treated as a single lawyer for purposes of the conflict analysis