Rule 1.7. Conflict of Interest: Current Clients

Conflict of Interest: Current Clients

(a) Except as provided in subsection (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) the representation of one client will be

directly adverse to another client; or

Rule 1.7

(2) there is a significant risk that the representation of one or more clients will 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 subsection (a), a

lawyer may represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent

representation to each affected client;

(2) the representation is not prohibited by law;

(3) the representation does not involve the

assertion of a claim by one client against another

client represented by the lawyer in the same litigation or the same proceeding before any tribunal; and

(4) each affected client gives informed consent,

confirmed in writing.

(P.B. 1978-1997, Rule 1.7.) (Amended June 26, 2006, to

take effect Jan. 1, 2007.)

COMMENTARY: General Principles. Loyalty and independent judgment are essential elements in the lawyer’s relationship to a client. Concurrent conflicts of interest can arise

from the lawyer’s responsibilities to another client, a former

client or a third person or from the lawyer’s own interests. For

specific Rules regarding certain concurrent conflicts of interest,

see Rule 1.8. For former client conflicts of interest, see Rule

1.9. For conflicts of interest involving prospective clients, see