"Belief" or "Believes"

The person involved actually supposed the fact in question to be true.  A person's belief may be inferred from circumstances.

Source: ABA MR 1.0(a) 

"Substantially Related"

(with reference to conflicts)

Matters are "substantially related" for the purposes of this Rule if they

• involve the same transaction or legal dispute, or
• if there otherwise is a substantial risk that confidential factual information as would normally have been obtained in the prior representation would materially advance the client's position in the subsequent matter.

 General Rule regarding conflicts of interests with CURRENT CLIENTS

Except as provided in paragraph (b), a lawyer SHALL NOT represent a client if the representation involves a concurrent conflict of interest.

Source: ABA MR 1.7(a) 

"Concurrent Conflict of Interest" 

A concurrent conflict of interest exists if:

(1) the representation of one client will be directly adverse to another client; or

(2) there is a significant risk that the representation of one or more clients will be matierally limited by the lawyer's responsibilites to another client, a former client or a third person or by a personal interest of the lawyer.

Source:  ABA MR 1.7(a) 

Factors that override conflict of interest with

CURRENT CLIENTS

(4) 

(1) The lawyer reasonably believes that the lawyer will be able to provide COMPETENT and DILLIGENT representation to each affected client;

(2) The representation is not prohibited by law;

(3) The representation does not involve the assertion of a claim against another client represented by the lawyer in the same litigation or other proceeding before a tribunal (may not represent both sides - non-consentual);

 (4) Each affected client must give INFORMED CONSENT CONFIRMED IN WRITING.

 Source: ABA MR 1.7(b)

"Confirmed in Writing" 

 Informed consent that is given in writing by the person or a writing that a lawyer promptly transmits to the person confirming an oral informed consent.

Source: ABA MR 1.0(b) 

"Firm" or "Law Firm" 

Lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association authorized to practice law; or lawyers employed in a legal services organization or he legal department of a corporation or other organization. 

Source: AMA MR 1.0(c) 

"Fraud" or "Fraudulent" 

Conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive.

Source: ABA MR 1.0(d) 

"Informed Consent" 

The agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.

Source: ABA MR 1.0(e) 

"Knowingly," "Known," or "Knows" 

Actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances.

Source: ABA MR 1.0(f) 

"Reasonable" or "Reasonably" 

When used in relation to conduct by a lawyer denotes the conduct of a reasonably prudent and competent lawyer.

Source: ABA MR 1.0(h) 

"Reasonable Belief" or "Reasonably Believes" 

When used in reference to a lawyer denotes that the lawyer believes the matter in question and that the circumstances are such that the belief is reasonable.

Source: ABA MR 1.0(i) 

"Reasonably should know" 

When used in reference to a lawyer denotes that a lawyer of reasonable prudence and competence would ascertain the matter in question.

Source: ABA MR 1.0(j) 

"Screened" 

The isolation of a lawyer from any participation in a matter through the timely imposition of procedures within a firm that are reasonably adequate under the circumstances to protect information that the isolated lawyer is obligated to protect under these Rules or other law.

Source: ABA MR 1.0(k) 

"Substantial" 

 When used in reference to degree or extent denotes a material matter of clear and weighty importance.

Source: ABA MR 1.0(l) 

"Tribunal" 

A court, an arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity.

Source: ABA MR 1.0(m) 

 "Writing" or "Written"

A tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photostating, photography, audio or videorecording and e-mail.

Source: ABA MR 1.0(n) 

"Signed Writing" 

Includes an electronic sound, symbol or process attached to or logically associated with a writing and executed or adopted by a person with the intent to sign the writing.

Source: ABA MR 1.0(n) 

Competence 

A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.

Source: ABA MR 1.1 

Diligence 

A lawyer shall act with reasonable diligence and promptness in representing a client.

Source: ABA MR 1.3 

RULE 1.7 

CONFLICTS OF INTERESTS - CURRENT CLIENTS 

(a) SHALL NOT represent if concurrent C of I

(1)  interests of one client directly adverse to another client

(2) significant risk of material limitation to ANOTHER CLIENT, FORMER CLIENT, THIRD PARTY, PERSONAL INTEREST

(b) MAY represent if concurrent C of I IF

(1) lawyer can still rep clients competently and diligently

(2) not prohibited by law

(3) not both sides in same case

(4) informed consent, confirmed in writing