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    Formal Ethics Opinion 05-436 (downloadable pdf)

    Formal Ethics Opinion 05-436 (downloadable pdf)

    Formal Ethics Opinion 05-436 (downloadable pdf)

    The Model Rules contemplate that a lawyer in appropriate circumstances may obtain the effective informed consent of a client to future conflicts of interest.
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    General and open-ended consent is more likely to be effective when given by a client that is an experienced user of legal services, particularly if, for example, the client is independently represented by other counsel in giving consent and the consent is limited to future conflicts unrelated to the subject of the representation. Rule 1.7, as amended in February 2002, permits a lawyer to obtain effective informed consent to a wider range of future conflicts than would have been possible under the Model Rules prior to their amendment. Formal Opinion 93-372 (Waiver of Future Conflicts of Interest) 1 therefore is withdrawn.

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