New York’s three-year-old current clients conflicts rule, Rule 1.7(a)(1) of New York’s Rules of Professional Conduct (the rules),1 has a different look and feel from that of its predecessor, Disciplinary Rule (DR) 5-105(A) and (B) of the Lawyers’ Code of Professional Responsibility (the code). The changes adopted in April 2009 may have altered the way lawyers are required to analyze client-to-client conflicts.
Disciplinary Rule 5-105(A) prohibited a lawyer from accepting a representation if the lawyer’s independent professional judgment “will be or is likely to be adversely affected by the lawyer’s acceptance of the proffered employment,” or if the representation “would be likely to involve the lawyer in representing differing interests.” DR 5-105(B) prohibited the continuation of multiple employment if the lawyer’s independent judgment “will be or is likely to be adversely affected by the lawyer’s representation of another client, or if it would be likely to involve the lawyer in representing differing interests.”2
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