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.
      $00
      NON-MEMBERS
      $00
      MEMBERS
      $00
      SECTION MEMBERS
      *Additional discounts may apply at checkout

      Log In to view your rate

      Unlock the discounted member rate

      Join first as a member, and then purchase this product at special member pricing.
      Join Now

      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

      Related On-Demand CLE

      Related Events

      Shop ABA Help

      FAQs
      Order Management
      Product Downloads
      Contact Us
      Customer Service (800) 285-2221