Rule 1.7: Conflict of Interest: Current Clients

Question 1

What are the four steps in determining whether a conflict of interest exists?

Answer 1

1. Clearly indicate clients (present or formal)
2. Whether a conflict is present (1.7(a))
3. Whether representation can be undertaken despite conflict (1.7(b)(1)-(3))
4. If so, consult with clients affected under (a) and obtain informed consent

Question 2

Under Rule 1.7(a) A Lawyer SHALL NOT represent a client if there is a conflict of interest. A conflict of interest exists if: (2)

Answer 2

(A)(1): Direct adversity exists between two clients who have opposing interests

(A)(2): Significant of Material Limitation: Lawyers ability to advocate for a client is compromised because of:
1. Duty to another client
2. Duty to a former client
3. Duty to a Third Party
4. Lawyer’s personal interests

Question 3

Under Rule 1.7(2)(b): Whether a Lawyer MAY proceed despite a conflict if: (4)

Answer 3

(B)(1): The lawyer believes he can provide competent and diligent representation to each affected client
(B)(2): The representation is not prohibited by law
(B)(3): The representation does not involve one client suing another client in the same case
(B)(4): Each affected client give informed consent, confirmed in writing

Question 4

Under Rule 1.7(2)(b)(4): Do clients have to sign a document consenting to joint representation?

Answer 4

NO