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No Conflict

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

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 )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
310-206-7977 (Phone)
310-825-6023 (Fax)

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