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    Formal Ethics Opinion 08-450 (downloadable pdf)

    Formal Ethics Opinion 08-450 (downloadable pdf)

    Formal Ethics Opinion 08-450 (downloadable pdf)

    Lawyers frequently are engaged to represent a client by a third party, most commonly an insurer or a relative.
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    Confidentiality When Lawyer Represents Multiple Clients in the Same or Related Matters April 9, 2008 In some circumstances, the third party also may be a client of that lawyer, either with respect to the matter in question, or with respect to a related matter. When a lawyer represents multiple clients, either in the same or related matters, Model Rule 1.6 requires that the lawyer protect the confidentiality of information relating to each of his clients. Because the scope of the "implied authority" granted in Rule 1.6(a) to reveal confidential information "to carry out a representation" applies separately and exclusively to each representation the lawyer has undertaken, a conflict of interest arises when the lawyer recognizes the necessity of revealing confidential information relating to one client in order effectively to carry out the representation of another. In such a circumstance, the lawyer would be required to withdraw from representing one or both of her clients.

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    4/1/2008 12:00:00 AM

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