hackthebarDuty of Loyalty
A lawyer owes clients a duty of loyalty and must avoid conflicts of interest.
Professional Responsibility rule statements
5 sample rules of 30+. Sign up free to practice the rest.
Concurrent Conflicts of Interest
A lawyer must avoid representing a client if it creates a concurrent conflict, such as adverse representation or the significant risk of materially limited representation due to the lawyer's interests or other client interests. Despite conflicts, the lawyer may represent if they reasonably believe they can competently serve all affected clients, the representation is legal, does not involve claiming against another client, and all clients give informed, written consent.
Conflicts with former clients
A lawyer may not represent a new client in a matter significantly related to a former client's matter if their interests are materially adverse, unless the former client gives informed written consent.
Conflicts in Representing An Organization or Corporation
A lawyer representing an organization must prioritize the organization's best interests. If an associated person promotes an action potentially causing substantial harm, the lawyer should report this to a higher authority. If unaddressed, the lawyer may report outside the organization.
Imputed Disqualification
If a lawyer faces a conflict of interest, other lawyers in the firm may not represent the client unless informed written consent is given. The conflict doesn't apply to the firm if it originates from a prior firm association, the conflicted lawyer is screened off, receives no fee, and written notice is given to the affected former client.
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