Positional Conflicts of Interest

Texas Law Review, Vol. 71, No. 3, 1993

The University of Texas School of Law, Public Law and Legal Theory Research Paper Series Number 452

85 Pages Posted: 9 Jun 2013

See all articles by John S. Dzienkowski

John S. Dzienkowski

University of Texas at Austin - Kay Bailey Hutchison Center for Energy, Law & Business

Date Written: June 7, 2013

Abstract

A positional conflict of interest occurs when a law firm adopts a legal position for one client seeking a particular legal result that is directly contrary to the position taken on behalf of another present or former client, seeking an opposite legal result, in a completely unrelated matter. The classic positional conflict of interest arises in litigation when a lawyer or law firm argues for one interpretation of the law on behalf of one client and for a contrary interpretation on behalf of another client. Such conflicts may also arise in the lobbying context when the lawyer or law firm is arguing for a particular change in the law for one client and in another representation is making a legal argument inconsistent with the position advanced for the first client. These conflicts may further arise in the transaction context when the lawyer or law firm drafts a particular arrangement for one client and for another client attacks the propriety of a similar arrangement.

Suggested Citation

Dzienkowski, John S., Positional Conflicts of Interest (June 7, 2013). The University of Texas School of Law, Public Law and Legal Theory Research Paper Series Number 452. Available at SSRN: https://ssrn.com/abstract=2276042

John S. Dzienkowski (Contact Author)

University of Texas at Austin - Kay Bailey Hutchison Center for Energy, Law & Business ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States

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