Summarize some of the more important changes to Model Rule 1.7, as designed and passed by the Ethics 2000 process.
What will be an ideal response?
There have been more than a few changes made to the conflicts of interest rules by the Ethics
2000 Commission, which will be summarized throughout the chapter. At this point, an
overview of the changes to MR 1.7 is necessary.
The newer version of MR 1.7 is structurally different; the rule is entirely rewritten. See
exhibit 5-1 for the Ethics 2000 version of MR 1.7. The emphasis now is on what is
referred to as a “concurrent conflict of interests.” There is a single paragraph that defines
concurrent conflict of interest to mean either directly adverse conflicts between current
clients or conflicts occurring when there is a “significant risk that the representation of
one or more clients will be materially limited by the lawyer’s responsibility to another
client, a former client, or a third person or by a personal interest of the lawyer.”
The new version also makes it explicitly clear that the lawyer may not seek client waiver in
certain kinds of conflicts, such as when two clients of the same lawyer are suing each other.
(That issue will be discussed in a later section of the chapter.) The proposal requires
“informed consent” (as opposed to the words “consent after consultation,” as used in the
1983 version) and also requires that in order for the lawyer to establish that the client has
given informed consent, the consent must be given in writing. Informed consent is a fuller
concept than consent; it is defined in Ethics 2000 Rule 1.0(e).
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What will be an ideal response?