CONFLICT-OF-INTEREST: CURRENT CLIENTS

Maine Rules of Professional Conduct

Rule: 1.7

Jurisdiction: ME

Bluebook Citation: Me. R. Prof. Conduct 1.7

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict-of- interest. A concurrent conflict-of-interest exists if: (1) (2) the representation of one client would be directly adverse to another client, even if representation would not occur in the same matter or in substantially related matters; or there is a significant risk that the representation of one or more clients would be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. (b) Notwithstanding the existence of a concurrent conflict-of-interest under paragraph (a), a lawyer may represent a client if: (1) the lawyer reasonably believes that the lawyer would be able to provide competent and diligent representation to each affected client; and (2) each affected client gives informed consent, confirmed in writing. (c) Under no circumstances may a lawyer represent a client if: 4 (1) the representation is prohibited by law; (2) the representation involves the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal.

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