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Conflicts of Interest: Loyalty & Independent Judgment
Presented by Cari Sheehan
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Course Description
Length: 52min Published: 6/17/2025 
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.
Learning Objectives
* Rule 1.7 (Current Client Conflicts): Prohibits representation if there is a direct conflict of interest or a significant risk of material limitation, unless the lawyer reasonably believes they can provide competent and diligent representation and obtains informed consent from all affected clients
* Rule 1.9 (Former Client Conflicts): Prevents lawyers from representing new clients in matters that are substantially related to those handled for a former client if the interests are materially adverse, unless the former client provides informed consent
* Rule 1.10 (Imputation of Conflicts in a Firm): Extends disqualification due to conflicts to all lawyers in a firm, unless appropriate screening procedures are in place or the affected client provides consent
* Informed Consent & Waivers: Many conflicts under these rules can be waived if the lawyer obtains informed consent in writing from the affected client(s), provided the representation remains competent and ethical
Speaker Q&A
Question
can the client give verbal consent to speak with the wife or husband?
- GayleF
Answer
Thank you for your question.
Yes, in many situations a client may give verbal consent for an attorney to speak with their spouse. However, the attorney should ensure that the client's consent is informed, voluntary, and clearly documented in the client's file. Best practice is to confirm the scope of the consent—for example, whether the attorney may discuss all aspects of the representation or only specific matters.
Even with verbal consent, attorneys must continue to protect client confidentiality and should disclose only the information the client has authorized. If there is any uncertainty about the extent of the client's permission or if the matter involves particularly sensitive information, obtaining the client's written consent is the safest practice.
Ultimately, attorneys should follow the applicable rules of professional conduct in their jurisdiction, as requirements and best practices may vary by state.
- Cari Sheehan
Presented By:
Cari Sheehan
Indianapolis, IN
(812) 239-4187
csheehan@taftlaw.com
