Two separate clients of mine have a conflict. Both have orally consented to waive their consent to any conflict. I sent one a written consent waiver and the client has not signed it. Can I rely on the client’s oral consent?
The main conflict of interest rule is found at Rule of Professional Conduct 1.7. Rule 1.7(a) deals with a lawyer not representing a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest is specifically defined to include representation of a client directly adverse to another client or when there is a significant risk that representation of one or more clients will materially limit the lawyer’s responsibility to another client, a former client, a third person or the lawyer’s personal interest.
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