Navigating Atty Relationship Conflicts That May Imperil Cases

By Thomas Wilkinson and Douglas Fox (December 3, 2020, 4:19 PM EST) -- Many lawyers are married to lawyers, socialize with other lawyers, and count lawyers they have interacted with on a professional level for years as friends. When do these relationships create conflicts of interest that require lawyers to take steps to address the conflict?

The American Bar Association's Model Rule of Professional Conduct 1.7(a)(2) prohibits a lawyer from representing a client without informed consent where there is a significant risk that the lawyer's personal interest will materially limit the lawyer's ability to represent the client.

Comment [11] to Model Rule 1.7(a)(2) discusses how the model rule relates to personal interest conflicts based...

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