Conflict of Interest (Rule 1.7)

Question 1

Conflict of Interest (Rule)

Answer 1

A lawyer shall not represent a client if the representation involves a concurrent conflict of interest.

Question 2

A concurrent conflict of interest exists if:

Answer 2

1. The representation of one client will be directly adverse to another client: OR
2. The representation of one or more clients may be materially limited by the lawyer’s responsibilities to another client, a former client, or a third person or by a personal interest of the lawyer

Question 3

A lawyer may represent a client if:

Answer 3

1. The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client
2. The representation is not prohibited by law
3. The representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; AND
4. Each affected client gives informed consent, confirmed in writing

Question 4

Resolution of Conflict of Interest requires lawyer to:

Answer 4

1. Clearly identify the clients
2. Determine whether conflict exists
3. Decide whether conflict is consentable
4. If so, consult clients and obtained informed consent, confirmed in writing

Question 5

If conflict arises after representation has been undertaken, the lawyer must:

Answer 5

Withdraw from the representation, unless he has obtained informed consent of the client