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Message: Client-Lawyer Relationship

Client-Lawyer Relationship

posted on Nov 07, 2007 06:48AM

 

Hmmm...after reading the below from the ABA web site, I believe I am even more confused.

Could DM continue to represent mean ole copy cast XX if that client is one of the 174+ listed infringers?  My guess is YES, at least until XX is to be put on the hot seat with an "on notice" letter.

John 

 

Model Rules of Professional Conduct

Client-Lawyer Relationship
Rule 1.7 Conflict Of Interest: Current Clients

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

    (1) the representation of one client will be directly adverse to another client; or

    (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

    (b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:

      (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

      (2) the representation is not prohibited by law;

      (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and

      (4) each affected client gives informed consent, confirmed in writing.

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