Conflicts of Interest
Conflict-of-interest rules protect a lawyer's loyalty and independent judgment. This chapter covers concurrent conflicts, personal-interest conflicts, duties to former clients, and imputation to a firm under the ABA Model Rules.
Concurrent Conflicts
Under Model Rule 1.7, a concurrent conflict exists if representing one client is directly adverse to another client, or if there is a significant risk that the representation will be materially limited by the lawyer's responsibilities to another client, a former client, a third person, or the lawyer's own interests. A lawyer may proceed only if the lawyer reasonably believes the representation will be competent and diligent, it is not prohibited by law, the clients are not asserting claims against each other in the same litigation, and each affected client gives informed consent, confirmed in writing.
Former Clients and Imputation
Under Model Rule 1.9, a lawyer may not represent a new client against a former client in the same or a substantially related matter if the new client's interests are materially adverse, without the former client's informed consent. Under Model Rule 1.10, one lawyer's conflict is generally imputed to all lawyers in the firm, though a properly screened lawyer moving between firms can sometimes avoid imputation. Some personal-interest conflicts that do not present a significant risk to other clients are not imputed.