No Conflict

32 Pages Posted: 4 Jan 2012 Last revised: 26 Jul 2012

See all articles by Daniel J. Bussel

Daniel J. Bussel

University of California, Los Angeles (UCLA) - School of Law

Date Written: February 10, 2012

Abstract

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

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

Daniel J. Bussel (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

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