Conflicts of Interest: Loyalty & Independent Judgment

Join us for all things conflict related! Rules 1.7, 1.9, and 1.10 of the Rules of Professional Conduct govern conflicts of interest in legal representation. Rule 1.7 addresses current client conflicts, prohibiting representation when there is a significant risk that a lawyer’s responsibilities to another client, a third party, or their own interests will materially limit their ability to represent a client, unless informed consent is obtained. Rule 1.9 concerns conflicts related to former clients, restricting representation of new clients in matters that are substantially related to those handled for a former client if the new representation would be adverse to the former client’s interests. Rule 1.10 imputes conflicts of interest across a law firm, meaning if one lawyer is disqualified under Rule 1.7 or 1.9, the entire firm may be as well, unless proper screening or waiver measures are implemented.