R 1.7 - Conflict of Interest: Current Clients

Question 1

Generally, shall attorney represent a client when there is an ongoing conflict of interest?

Answer 1

No.

Question 2

When does an ongoing conflict exists?

Answer 2

1. when the representation of one client will be directly adverse to another client;
   OR
2. there is a significant risk that would limit the representation of one of the client.

Question 3

Although there is an ongoing conflict of interest, may an attorney represent the two clients?

Answer 3

Yes.

Question 4

What requirements must be satisfied where there is a conflict of interest, in order for the attorney to represent them?

Answer 4

1. the attorney reasonably believes will be able to competently and diligently represent the two clients;
2. the representation is not prohibited by law;
3. the representation does not involve an assertion of a claim between the two client in the same tribunal;
   AND
4. each client gives informed consent, confirmed in writing.

Question 5

What must be done to come to a resolution of a conflict of interest?

Answer 5

1. clearly identify the client(s);
2. is there a conflict of interest;
3. may the representation of both client continue despite the conflict of interest;
   AND
4. if it can, get informed consent from the clients and confirmed it in writing.

Question 6

May a conflict of interest occur even before representation is undertaken?

Answer 6

Yes.

Question 7

If the conflict of interest exist before representation is undertaken, can you still represent them?

Answer 7

Yes, so long as you get informed consent, confirmed in writing.

Question 8

If the attorney cannot get informed consent, confirmed in writing , what shall the attorney do?

Answer 8

The attorney shall withdraw from representation.

Question 9

Does an attorney have a duty to protect the confidence even after the attorney has withdrawn from representation?

Answer 9

Yes.

Question 10

May an attorney withdraw from representation, without Court approval?

Answer 10

No.

Question 11

May an attorney withdraw from representation even if it is prejudicial to the client?

Answer 11

No.

Question 12

Can an attorney represent two client that are directly adverse in different matters?

Answer 12

No.

Question 13

Can an attorney represent two client, which the two clients’ interest are only economically adverse?

Answer 13

Yes.

Question 14

May an attorney refer it client to an enterprise in which the attorney has an undisclosed financial interest?

Answer 14

No.

Question 15

If an attorney is related to the opposing attorney in a matter, what must both attorneys seek from both clients?

Answer 15

Informed consent.

Question 16

Can the attorneys, who are related to one another, on both side represent the clients in the same matter?

Answer 16

No, unless there is informed consent from both clients.

Question 17

When may the attorney and the client have a sexual relationship?

Answer 17

So long as the sexual relationship predates the formation of the client-lawyer relationship.

Question 18

May the client waive the sexual relationship obligation of the attorney?

Answer 18

No.

Question 19

May the services of an attorney be paid by someone else other then the client?

Answer 19

Yes.

Question 20

If the services of an attorney are paid by someone else other than the client, what must the attorney do?

Answer 20

He must get the informed consent the client.

Question 21

May the arrangement of payment that is not from the client compromise the attorney’s duty of loyalty and independent judgment?

Answer 21

No.

Question 22

Even if you get informed consent for representation of a matter from both client, may he still represent the clients if the law prohibits such representation?

Answer 22

No.

Question 23

When it comes to the representation of both clients in a mediation, may the attorney still represent both clients even if the clients bring a claim against each other?

Answer 23

Yes.

Question 24

Can an attorney advocate for a specific issue and then thereafter, in a different tribunal and different time, advocate for another specific issue that is inconsistent with the former?

Answer 24

Yes.