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
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