Avoiding Materially Adverse Conflicts After New ABA Opinion
Law360 (February 18, 2021, 3:32 PM EST) -- On Feb. 10, the American Bar Association's Standing Committee on Ethics and Professional Responsibility published ABA Opinion 497, which provides long-needed guidance on what constitutes "materially adverse" interests between clients.
Rules 1.9(a) and 1.18(c) of the ABA Model Rules of Professional Conduct prohibit a lawyer from representing a current client with interests that are materially adverse to those of a former or prospective client on the same or "substantially related matter." While the prohibition is clear, neither rule — nor the accompanying comments — explains what constitutes materially adverse interests.
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!