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Conflicts of Interest: Who's Your Client?
In the same way emergency room doctors and nurses are simply more effective in treating their trauma patients if they are not, themselves, vicariously wounded, so are attorneys most effective when they are able to retain a certain professional detachment from the trials and tribulations of their clients – serving their best interests, of course, but never actually becoming one of the adversaries, per se, in the legal conflict. In exchange for this professional immunity from the struggles our clients and their adversaries must endure, society demands of all attorneys, through well-settled rules we will be talking about below, certain minimum standards of conduct.
Conflicts of Interest - Who's Your Client?
What is a "conflict of interest," and why is everyone so hyper about it? Licensed lawyers are given some very special powers. When we become attorneys, we become officers of the courts of the state granting the license and of the courts affirmatively “admitting” us to their respective bars pursuant to that license (e.g., federal courts).
Ethical Issues Associated with Law Firm Acquisitions and Movement of Lawyers: How to Resolve the Ethical Issues Between Confidentiality and Conflict of Interest Rules
Law firm acquisitions and matters related to the movement of lawyers from one law firm to another law firm generate difficult ethical issues on which all parties to the movement of lawyers between firms must pay attention. The purpose of this article is to assist Texas lawyers in the identification and resolution of the potential dilemma between the ethical rules related to confidential information and the ethical rules related to the avoidance of conflicts of interest.
Ethical Issues Associated With Law Firm Acquisitions: How to Resolve the Ethical Issues Between Confidentiality and Conflict of Interest Rules
Law firm acquisitions and matters related to the movement of lawyers from one law firm to another law firm generate difficult ethical issues on which all parties to the movement of lawyers between firms must pay attention. The purpose of this article is to assist Texas lawyers in the identification and resolution of the potential dilemma between the ethical rules related to confidential information and the ethical rules related to the avoidance of conflicts of interest.
Conflict of Interest: Who is Your Client
What is a "conflict of interest," and why is everyone so hyper about it? Licensed lawyers are given some very special powers. When we become attorneys, we become officers of the courts of the state granting the license and of the courts affirmatively “admitting” us to their respective bars pursuant to that license (e.g., federal courts).
Conflicts of Interest - Who's Your Client? - Advice to Corporate Counsel
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Ethics of Multiple Party Representation 2011: After the Referendum - Now What?
Conflict of interest rules derive from the need to protect client confidences and assure clients of the lawyer’s loyalty. Conflict of interest rules reflect competing concerns: • Undivided loyalty of lawyer to client. • Enhance effectiveness of legal representation. • Safeguarding of client information. • Avoid lawyers exploiting clients. • Protect legal system goal of adequate presentation to tribunals and avoid compromising adversary system. The migration of lawyers from one firm to another firm is pertinent to consideration of representation of multiple parties.
Conflicts Issues for Large Law Firms
While it may be the case that large law firms are more frequently impacted by disparity among the various states’ disciplinary rules, all lawyers have an interest in a well-reasoned body of rules which govern lawyer conduct. The profession as a whole has an interest in rules which are as uniform among the states as they can be. Such an approach is increasingly necessary as lawsuits and transactions for all lawyers are more and more interstate and global in nature. Texas may well have good reason to depart from the ABA promulgated Model Rules, but those departures should not be wholesale; instead, they should be based on cogent reasoning in each instance.
Ethics of Multiple Party Representation 2011: After the Referendum - Now What?
These are the presentation slides.
Ethics and Liability Issues Arising From Representing Multiple Parties
This paper presents the issues of multiple party representation, or joint representation.