LAW 565-001 – Professional Responsibility
Concurrent Conflict of Interest
- . . . . A concurrent conflict of interest exists if:
- the representation of one client will be directly adverse to another client; or
- 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.
- Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:
- the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;
- the representation is not prohibited by law;
- 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
- 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.