Professional Responsibility Essays - Legal Ethics,

Professional Responsibility 1.7 CONFLICTS OF INTEREST NO CONCURRENT CONFLICTS: Sitting in both seats in same case, OR SIGNIFICANT risk that rep of one client will BE MATERIALLY LIMITED by duties to current client, third party, or former client, OR attorneys own interests IF A CONFLICT EXISTS, LAWYER CAN STILL REPRESENT IF: Lawyer thinks she can be competent and diligent It is not prohibited by law The representation does not involve asserting a claim by one client against another client represented by that lawyer in the same litigation (or proceeding in front of a tribunal) oMediations wont count because not before tribunal Each affected client gives written informed consent oThis means client must be made aware of pros and cons of waiving AND alternatives to waiving. oIf attorney cannot get IC from one client without revealing a confidential fact to another, attorney cannot represent that client. oMUST BE IN WRITING can be email CAN be ORAL that is then promptly memorialized oMUST BE SIGNED if it involves business transaction or aggregate settlement In other words, if LAWYER think that the clients interests will not be adequately served in light of the conflict, THE CLIENT CANNOT WAIVE IT. IT IS NOT WAIVEABLE. Client can revoke waiving at any time. LAWYER CANNOT: Represent co-defendants in a capital case LAWYER CAN: Represent co-defendants outside a capital case, but SHOULD PROBABLY AVOID THIS Represent co-parties in a civil case WITH INFORMED consent that involves analyzing whether attorney can effectively represent all, explaining what will happen if a conflict arises, explaining the pros and cons of co-representation, and explaining the alternatives to waiving. If one does arise, attorney must withdraw from representing one or both clients. She can still represent one if both clients consent. FUTURE CONFLICTS: Lawyer can ask clients to waive future conflicts but only if it is reasonable to do so and the client understands what kinds of conflicts can arise, the alternatives to waiving, and the consequences for waiving PERSONAL CONFLICTS: Lawyer represents A against B. B is represented by Lawyers mom. This is a conflict that requires informed consent wavier. Lawyer represents A against B. B is represented by a law firm that lawyer is trying to get hired in. If there is a substantial risk that lawyers employment goals will curry favor with law firm at As expense, lawyers must get As informed consent. NO SEX unless it predates the attorney client relationship LAWYER MUST: Adopt reasonable procedures to avoid conflicts check for employers, family members