Conflict of two roles

Article Abstract:

Multiple capacity situations often lead to allegations of attorney conflict of interest. Rule of Professional Conduct 1.7(b) states the distinctions between dual capacity and conflict of interest. That certain duties were carried out in a non-legal capacity is not a defense if these duties conflicted with the lawyer's prime duties of loyalty and confidentiality to the client. Some law firms avert conflicts by not permitting their attorneys to undertake any non-legal duties.

United States, Attorneys, Malpractice, Legal malpractice

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The rules of conflicts

Article Abstract:

ABA Model Rule of Professional Conduct 1.1(a) covers the imputation of conflicts restrictions among attorneys in a firm. In general, clients of any of a firm's lawyers are considered to be clients of all of the firm's lawyers. A detailed conflicts-checking system is necessary for compliance with this rule. The system should include a list of former client matters and detailed interviews with lateral hires

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Careful practitioners, of course, obtain conflict consents in writing

Article Abstract:

California goes beyond the ABA ethics rules and those of most states in requiring that consents to legal representation involving conflicts of interest be in writing. This rule applies both to California lawyers and to others doing business to which California law might be applicable. California also requires that the disclosure on which the consent is based be in written form.

Consent (Law)

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