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(a) "A lawyer shall not represent a client if the representation involves a concurrent conflict or interest"
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Is there a concurrent conflict of interest?
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Will the representation of one client be directly adverse to another client?
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YES
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A conflict is present, but the lawyer may represent the client if all of the following conditions are met:
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Does the lawyer reasonably believe that the lawyer will be able to provide competent and diligent representation to each affected client;
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NO
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YES
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NO
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YES
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There is no concurrent conflict of interest, lawyer may represent the client.
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NO
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Is there a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer?
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Do not represent.
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NO
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the representation is not prohibited by law;
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NO
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YES
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the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and
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NO
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YES
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Lawyer may represent the client, even though there is a concurrent conflict of interest.
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YES
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each affected client gives informed consent, confirmed in writing.
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for amusement purposes only. The implicit and explicit opinions expressed here are the author's. SelectSmart.com does not necessarily agree.
