Saturday, October 6, 2007

Positional Conflicts

The Oregon Bar has issued a formal opinion on positional or "issue" conflicts. Oregon lawyers are advised that the general conflicts rules apply to issue conflicts and establish a conflict "only if the lawyer is obligated to take opposing positions for the clients or if the outcome of one case will, or is at least highly likely to, affect the outcome of the other." In terms of the application of the imputed conflicts provisions of Rule 1.10, the opinion states that  "it would be inappropriate to hold that on pain of discipline, all lawyers at a firm are chargeable with the full issue conflict knowledge of every other lawyer at the firm." (Mike Frisch)

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