Bar Bulletin

Bar Bulletin

Conflicts Revisited: Current Client Conflicts

November 2019 Bar Bulletin

By Mark Fucile and Mark Johnson

Clients love loyal lawyers! (And our common law fiduciary duty of undivided loyalty and the Rules of Professional Conduct mandate it.)

At the same time, the RPC conflict rules are among the most technical areas we encounter in legal ethics and law firm risk management. In this month’s issue and next, we revisit the conflict rules we first studied in law school and have since wrestled with in practice.

This month, we’ll focus on current client conflicts. Next month, we’ll address former client conflicts. In each article, we will survey the rule, discuss associated waivers, address the consequences for failure to comply and,...

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