Ethics-Governance: Article: http://www.wsba.org/media/publications/barnews/ethics/aug-98-ethics.htm

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http://www.wsba.org/media/publications/barnews/ethics/aug-98-ethics.htm Setting Up and Maintaining a System to Check for Conflicts of Interest by Barrie Althoff, WSBA Chief Disciplinary Counsel. Opinions expressed herein are the author's and are not official or unofficial WSBA positions. Conflicts of interest can easily arise in a busy law practice. The Supreme Court's Rules of Professional Conduct (RPCs) set out the minimum standards to avoid discipline in conflict-of-interest situations. The rules give no guidance, however, as to how to detect and avoid conflicts. Purpose of Conflicts Rules The conflicts rules are, to a large extent, intended to help you maintain your duty of loyalty to your client and your duty to protect and preserve the confidences and secrets of your clients and former clients. The RPC 1.7 and 1.9 prohibitions on representing adverse parties prevent adverse representations, helping you to protect and preserve confidential information. The RPC 1.8 prohibition of certain transactions with clients assures that your self-interests will not interfere with your loyalty to your client. The RPC 3.7 prohibition on representing a client where you or someone in your firm is likely to be a necessary witness protects both the client and you from wasting resources in a case where you are likely to be disqualified for engaging in the incompatible roles of advocate and witness. Similarly, RPC 1.10 (dealing with imputed conflicts in a law firm), RPC 1.11 (dealing with successive government/private employment), and RPC 1.12 (relating to former judges, arbitrators and mediators), help you avoid breaches of confidential information and loyalty and wasting resources. Full Article: http://www.wsba.org/media/publications/barnews/ethics/aug-98-ethics.htm


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