Friday, July 22, 2011

Feelings Don't Determine Conflict

An attorney who had represented multiple clients in a transaction was suspended for three months by the Delaware Supreme Court. The suspension will be followed by a period of probation.

Te attorney had testified that he did not "feel conflicted" in the transaction. The court held that he is "deemed to know the requirements of Rule 1.7." The determination of a conflict is an objective standard, not based the subjected view of the accused attorney.

The attorney had been reprimanded twice prior to this matter. (Mike Frisch)

 

http://lawprofessors.typepad.com/legal_profession/2011/07/feelings-dont-determine-conflict.html

Bar Discipline & Process | Permalink

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