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Addressing Outside-The-Box Conflicts in an Ethical Way
Going beyond the traditional conflict of interest analysis that occurs at the beginning of a new representation or matter, there are other conflicts-related issues that can arise for lawyers and implicate their ethical obligations.
November 04, 2024 at 11:55 AM
6 minute read
Screening and resolving conflicts of interests is a key part of any law practice. Although sometimes viewed as an impediment to bringing in new business, ensuring that a lawyer's representations are free of legal conflicts is a necessary step. Indeed, legal malpractice cases alleging a conflict of interest are among the most dangerous (and expensive) for lawyers—they are easy to explain to a jury and can suggest a breach of a lawyer's duty of loyalty.
Rules 1.7 and 1.9 of the Georgia Rules of Professional Conduct provide guidance for lawyers about how to address conflicts of interest. Some may be resolved through waivers or consent, while others are not permissible in any format.
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