Chapter Four
Conflicts of Interest
In this chapter, you will learn about:
 Rules governing conflicts involving
clients, including simultaneous and
successive representation
 Rules governing personal and business
conflicts
 Disqualifications caused by individual
conflicts of interest that are imputed
to an individual’s firm
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Chapter Four
Conflicts of Interest (continued)
Client consent to conflicts
 Screens to protect against disqualification
 The use of conflicts checks and paralegals’
responsibility to maintain records
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What Ethics Rules Governing
Conflicts of Interest Cover
Concurrent representation of adverse
interests
 Representation that is adverse to a
former client
 Representation of clients whose
interests are aligned
 Lawyer’s financial, personal, or business
interests that are or may be adverse to
a client

Imputed/Vicarious Conflicts

The conflict of interest of one person in a
law firm is imputed to everyone in the
firm, causing the whole firm to be
disqualified
Concurrent Representation

Concurrent (or Simultaneous)
representation occurs when an attorney
represents two clients whose interests
are adverse to one another.
Consents (or Waivers)
Whether a court honors a client’s consent depends on
a number of circumstances, including:
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the extent of the disclosure and discussions with the client about
the implications of the dual representation
whether the consent was truly voluntary and not given under
pressure from the attorney or others
when the attorney raised the issue with his or her client
the capacity of the client to understand fully the implications of the
dual representation and consent
whether or not the client consulted with and relied on independent
counsel
whether the consent is written and signed
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Issue Conflicts

Occur when an attorney argues opposing
sides of a legal issue, the result of which
may be that one client’s interests are
harmed
Successive Representation

Successive representation is a conflict of
interest situation involving a current
matter and a former client whose
interests conflict.
Other Conflicts Rules Cover:
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Business transactions
with clients
Publication, literary,
and media rights
Financial assistance to
clients
A lawyer’s interest in
litigation
Gifts from clients
Agreements with clients
limiting the attorney’s
malpractice liability
 Payment of attorney’s
fees by a third party
 Relatives of lawyers
 Sexual relations with
clients

Imputed Conflicts

Imputed (or vicarious) conflicts: the
imputation of a conflict to others in a firm
so that the entire firm is disqualified from
undertaking the representation
Screens

A screen isolates a disqualified person by
setting up law office procedures to
prevent the affected person from any
involvement with or communication
about the matter.
Procedures for Using Screens
A memorandum to all individuals in the
firm informing them of a conflict and
screen, and admonishing them not to
discuss the matter with the disqualified
person
 Indications on files and documents to
indicate the limitations on access
 Programmed computer warnings or blocks
to prevent screened employee’s access to
documents on the firm’s computer
network
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