Abstracts » Law

Positional conflicts; when can a lawyer argue both sides of an issue?

Article Abstract:

An attorney representing clients with positional conflicts must first determine if both positions meet the requirements of ABA Model Rule 3.1, namely, that they are allowed by the law or represent good faith extensions thereof. The next decision is whether continued representation of both clients materially limits the responsibilities to either one, in which case this representation would violate ABA Model Rule 1.7(b). Last, ABA Model Rule 1.7(a-b)'s requirements of disclosure and informed consent must be met for continued representation of both parties to take place.

Analysis, Conflict of interests (Attorneys), Conflicts of interest (Lawyers), Practice of law, Attorney and client

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Playing ostrich; courts are getting tough with lawyers who forget to cite adverse authority

Article Abstract:

ABA Model Rule of Professional Conduct 3.3(a)(3) requires attorneys to disclose all dispositive adverse authority known to them. This duty to reveal continues until the end of a case.This rule differs from Federal Rule of Civil Procedure 11 in that the latter is judged by an objective standard whereas Rule 3.3(a)(3) violations must be intentional. The federal courts disagree on whether a Rule 3.3(a)(3) violation also violated Fed. R. Civ. P. 11.

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