Conflicts of Interest

Question 1

Types of Current Client Conflicts

Answer 1

Direct Adversity - when working for one client will directly hurt the personal or pecuniary interests of another client.

Material Limitation - When there is a significant risk that representation will be limited by a duty owed to another.

Question 2

When client consent to a conflict is not permissible

Answer 2

Is forbidden by law (and the GA rules)
Involves the assertion of a claim by one client against another in the same or substantially related proceeding;
(Client A v. Client B)
or
Makes it reasonably unlikely that the lawyer will provide adequate representation to one or both of the affected clients. (Facts and circumstances test)

Question 3

Sufficient Notice to Client Consent to Conflict

Answer 3

• Consulted with the lawyer to let the client appreciate the signficance of the situation.
• Received written information about the material risks and available alternatives.
• Been given the opportunity to consult with independant counsel.
• Then each affected client must give informed consent in writing.