32 Pages Posted: 4 Jan 2012 Last revised: 26 Jul 2012
Date Written: February 10, 2012
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.
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 responsibility
Suggested Citation: Suggested Citation
Bussel, Daniel J., No Conflict (February 10, 2012). 25 Georgetown Journal of Legal Ethics 207 (2012); UCLA School of Law, Law-Econ Research Paper No. 12-01. Available at SSRN: https://ssrn.com/abstract=1978976