Rule of Professional Conduct 1.7. Conflict of Interest: General Rule, states
(a) A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless:
(1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and
(2) each client consents after consultation.
(b) A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyers responsibilities to another client or to a third person, or by the lawyer’s own interests, unless:
(1) the lawyer reasonably believes the representation will not be adversely affected; and
(2) the client consents after full disclosure and consultation When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved.
If a party in civil litigation waives a conflict, the court may sometimes raises a conflicts issue sua sponte, but it often does not interfere. Robert C. Hacker & Ronald D. Rotunda, Standing, Waiver, Laches, and Appealability in Attorney Disqualification Cases, 3 CORPORATION L. REV 82 (1980).
In criminal cases, the balance of equities is different because the court wants to make sure that the public interest in fair prosecutions is protected and that the criminal defendant has had adequate representation of counsel, a right guaranteed by the Sixth Amendment.
(a) A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless:
(1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and
(2) each client consents after consultation.
(b) A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyers responsibilities to another client or to a third person, or by the lawyer’s own interests, unless:
(1) the lawyer reasonably believes the representation will not be adversely affected; and
(2) the client consents after full disclosure and consultation When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved.
If a party in civil litigation waives a conflict, the court may sometimes raises a conflicts issue sua sponte, but it often does not interfere. Robert C. Hacker & Ronald D. Rotunda, Standing, Waiver, Laches, and Appealability in Attorney Disqualification Cases, 3 CORPORATION L. REV 82 (1980).
In criminal cases, the balance of equities is different because the court wants to make sure that the public interest in fair prosecutions is protected and that the criminal defendant has had adequate representation of counsel, a right guaranteed by the Sixth Amendment.
