Formal Ethics Opinion 05-435 (downloadable pdf)

    Formal Ethics Opinion 05-435 (downloadable pdf)

    Formal Ethics Opinion 05-435 (downloadable pdf)

    Unless the liability insurer is a party to the action brought by the lawyer's plaintiff-client, or unless under the particular circumstances of the case, the lawyer's taking testimony or discovery from the liability insurer presents a disqualifying adversity.
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    Unless the liability insurer is a party to the action brought by the lawyer's plaintiff-client, or unless under the particular circumstances of the case, the lawyer's taking testimony or discovery from the liability insurer presents a disqualifying adversity, representation of the plaintiff is not directly adverse and therefore does not present a concurrent conflict of interest to the lawyer's representation of the insurer in the another action. However, a concurrent conflict may arise if there is a significant risk the representation of the individual plaintiff will be materially limited by the lawyer's responsibilities to the insurer, as for example, when it would be to the advantage of the plaintiff for the lawyer to reveal or use information relating to the representation of the insurer. If the lawyer concludes there is a concurrent conflict of interest, she may seek the informed consent of each affected client, confirmed in writing, to waive the conflict if she reasonably believes she will be able to provide competent and diligent representation.

    Product Details

    Sponsors

    Center For Professional Responsibility

    Product Code

    5611100435

    Publication Date

    1/1/2005 12:00:00 AM

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