As more attorneys run conflicts before opening a new matter and take advantage of available technology, attorneys and law firms are getting better at identifying potential conflicts of interest that could impact a matter. But identifying that there could be a conflict is only the first step. Many attorneys ask themselves, “What next?”
After attorneys identify a conflict, attorneys need to determine whether it is necessary to obtain the client’s written consent to the representation after “full disclosure” and identify what this looks like in practice. After all, a conflict of interest that has not been resolved in accordance with the applicable ethical rules is still a conflict.
What Is “Full Disclosure”?
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