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    Formal Ethics Opinion 97-406 (downloadable pdf)

    Formal Ethics Opinion 97-406 (downloadable pdf)

    Formal Ethics Opinion 97-406 (downloadable pdf)

    Conflicts of Interest: Effect of Representing Opposing Counsel in Unrelated Matter April 19, 1997.  When one lawyer represents another, the ethical propriety of their representing persons whose interests are directly adverse depends upon the effect of such representation on each lawyer's ability to represent his "third-party" client in full compliance with the Model Rules of Professional Conduct.

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    If either lawyer concludes that an informed, objective observer would conclude that the representation of his "third-party" client may be materially limited by his relationship with the opposing lawyer, he must consider whether that representation will be adversely affected by that relationship. If he reasonably believes that it will not, he must consult with the "third-party" client and obtain her consent before accepting that representation. The conflict that a lawyer may have because he represents his opposing counsel in a separate matter is imputed to others in his firm. However, whether the conflict that a represented lawyer may have because of his personal interest in the separate matter is imputed to others in his firm in dealing with the representing lawyer depends on the nature of the separate matter and the knowledge of the other lawyers in the firm.

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    4/1/1997 12:00:00 AM

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