Emerging Ethics 2022: Conflicts with Clients and Adversaries Over the Ethics Conflict Rules

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This program will discuss recent developments and recurrent hot button issues in the field of conflicts of interest and their possible consequences, including possible exposure to malpractice or other liability and disqualification. The program will begin with a brief overview of the principal conflict rules (Rules 1.7. 1.9, 1.10, 1.13 and 1.18) and then move on to how to identify and, to the extent possible, avoid or handle (through use of devices such as waivers, screens and conflicts counsel) common but sometimes subtle issues. These issues will include material limitation conflicts, joint representations, lateral movement and imputation of conflicts arising from former representations, and the client-affiliate issues and the frequent disconnect between client guidelines and lawyers’ engagement letters. Allusion will be made to the intersection of the conflicts issues with other rules such as those concerning client confidences (Rule 1.6), communication of material developments (Rule 1.4), and the issues will be discussed with reference to leading or illustrative recent caselaw and ABA and significant State ethics opinions or comments to Rules.

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