Daniel J. Bussel
University of California, Los Angeles (UCLA) - School of Law
February 10, 2012
25 Georgetown Journal of Legal Ethics 207 (2012)
UCLA School of Law, Law-Econ Research Paper No. 12-01
For thirty years, American lawyers have labored under an onerous dis-qualification rule precluding them from being “directly adverse” to a client in a matter unrelated to that on which the client has engaged the lawyer. The rule is ahistorical, idiosyncratic, and has led to anomalous and untoward consequences. It derives from a misconception of the lawyer’s role and duty. It should be abrogated.
Number of Pages in PDF File: 32
Keywords: conflict of interest, legal profession, conflict waiver, advance waiver, legal ethics, unrelated matter conflict, attorney-client, current client conflict, former client conflict, ABA model rules of professional responsibilityAccepted Paper Series
Date posted: January 4, 2012 ; Last revised: July 26, 2012
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