Professional Responsibility

Concurrent Conflict of Interest

  1. . . . . A concurrent conflict of interest exists if:
    1. the representation of one client will be directly adverse to another client; or
    2. there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

Taking inconsistent positions creates a conflict of interest if there is a significant risk that it will materially limit the representation of one client by the precedent established for another.

Only economic conflicts between clients does not constitute a conflict of interest.

  1. Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:
    1. the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;
    2. the representation is not prohibited by law;
    3. the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and
    4. each affected client gives informed consent, confirmed in writing.

Confirmed in writing does not mean it has to be signed.

A lawyer may represent both parties in a transaction as long as it comports with Rule 1.7.

Whether one can represent both a husband and a wife in a divorce depends on the state.