# Wyo. R. Prof. Conduct 1.8: Rule 1.8. Conﬂict of Interest: Current Clients: Speciﬁc Prohibited Transactions

> Wyoming · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULEPROFCONDATTOLAW_R1_8

## Section

- **Citation:** Wyo. R. Prof. Conduct 1.8
- **Heading:** Rule 1.8. Conﬂict of Interest: Current Clients: Speciﬁc Prohibited Transactions
- **Jurisdiction:** Wyoming
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Wyoming Court Rules / Rules of Professional Conduct for Attorneys at Law / Wyo. R. Prof. Conduct 1.8

## Text

(a) A lawyer shall not enter into a business transaction with a client or
knowingly acquire an ownership, possessory, security or other pecuniary
interest adverse to a client unless:
(1) the transaction and terms on which the lawyer acquires the interest
are fair and reasonable to the client and are fully disclosed and transmitted
in writing in a manner that can be reasonably understood by the client;
(2) the client is advised in writing of the desirability of seeking and is
given a reasonable opportunity to seek the advice of independent legal
counsel on the transaction; and
(3) the client gives informed consent, in a writing signed by the client, to
the essential terms of the transaction and the lawyer’s role in the transaction, including whether the lawyer is representing the client in the transaction.
(b) A lawyer shall not use conﬁdential information relating to representation of a client to the disadvantage of the client unless the client gives informed
consent, except as permitted or required by these Rules.
(c) A lawyer shall not solicit any substantial gift from a client, including a
testamentary gift, or prepare an instrument giving the lawyer or a person
related to the lawyer any substantial gift unless the lawyer or other recipient
of the gift is related to the client. For purposes of this paragraph, related
persons include a spouse, child, grandchild, parent, grandparent or other
relative or individual with whom the lawyer or the client maintains a close,
familial relationship.
(d) Prior to the conclusion of representation of a client, a lawyer shall not
make or negotiate an agreement giving the lawyer literary or media rights to
a portrayal or account based in substantial part on information relating to the
representation.
, child, grandchild, parent, grandparent or other
relative or individual with whom the lawyer or the client maintains a close,
familial relationship.
(d) Prior to the conclusion of representation of a client, a lawyer shall not
make or negotiate an agreement giving the lawyer literary or media rights to
a portrayal or account based in substantial part on information relating to the
representation.
(e) A lawyer shall not provide ﬁnancial assistance to a client in connection
with pending or contemplated litigation, except that:
(1) a lawyer may advance court costs and expenses of litigation, the
repayment of which may be contingent on the outcome of the matter; and
(2) a lawyer representing an indigent client may pay court costs and
expenses of litigation on behalf of the client.
(3) a lawyer representing an indigent client pro bono, a lawyer representing an indigent client pro bono through a nonproﬁt legal services or public
interest organization and a lawyer representing an indigent client pro bono
through a law school clinical or pro bono program may provide modest gifts
to the client for food, rent, transportation, medicine and other basic living
expenses. The lawyer:
(i) may not promise, assure or imply the availability of such gifts prior
to retention or as an inducement to continue the client-lawyer relationship
after retention;
(ii) may not seek or accept reimbursement from the client, a relative of
the client or anyone affiliated with the client; and
(iii) may not publicize or advertise a willingness to provide such gifts to
prospective clients.
Financial assistance under this Rule may be provided even if the representation is eligible for fees under a fee-shifting statute.
he client-lawyer relationship
after retention;
(ii) may not seek or accept reimbursement from the client, a relative of
the client or anyone affiliated with the client; and
(iii) may not publicize or advertise a willingness to provide such gifts to
prospective clients.
Financial assistance under this Rule may be provided even if the representation is eligible for fees under a fee-shifting statute.
(f) A lawyer shall not accept compensation for representing a client from one
other than the client unless:
(1) the client gives informed consent;
(2) there is no interference with the lawyer’s independence of professional
judgment or with the client-lawyer relationship; and
(3) information relating to representation of a client is protected as
required by Rule 1.6.
(g) A lawyer who represents two or more clients shall not participate in
making an aggregate settlement of the claims of or against the clients, or in a
criminal case an aggregated agreement as to guilty or nolo contendere pleas,
unless each client gives informed consent. The lawyer’s disclosure shall
include the existence and nature of all the claims or pleas involved and of the
participation of each person in the settlement.
(h) A lawyer shall not:
(1) make an agreement prospectively limiting the lawyer’s liability to a
client for malpractice unless the client is independently represented in
making the agreement; or
(2) settle a claim or potential claim for such liability with an unrepresented client or former client unless that person is advised in writing of the
desirability of seeking and is given a reasonable opportunity to seek the
advice of independent legal counsel in connection therewith.
(i) A lawyer shall not acquire a proprietary interest in the cause of action or
subject matter of litigation the lawyer is conducting for a client, except that the
lawyer may:
(1) acquire a lien authorized by law to secure the lawyer’s fee or expenses;
and
(2) contract with a client for a reasonable contingent fee in a civil case.
ek the
advice of independent legal counsel in connection therewith.
(i) A lawyer shall not acquire a proprietary interest in the cause of action or
subject matter of litigation the lawyer is conducting for a client, except that the
lawyer may:
(1) acquire a lien authorized by law to secure the lawyer’s fee or expenses;
and
(2) contract with a client for a reasonable contingent fee in a civil case.
(j) A lawyer shall not have sexual relations with a client unless a consensual
sexual relationship existed between them when the client-lawyer relationship
commenced.
(k) While lawyers are associated in a ﬁrm, a prohibition in the foregoing
paragraphs (a) through (i) that applies to any one of them shall apply to all of
them.
Comment. — Business Transactions Between Client and Lawyer. [1] A
lawyer’s legal skill and training, together with the relationship of trust and
conﬁdence between lawyer and client, create the possibility of overreaching
when the lawyer participates in a business, property or ﬁnancial transaction
with a client, for example, a loan or sales transaction or a lawyer investment on
behalf of a client. The requirements of paragraph (a) must be met even when the
transaction is not closely related to the subject matter of the representation, as
when a lawyer drafting a will for a client learns that the client needs money for
unrelated expenses and offers to make a loan to the client. The Rule applies to
lawyers engaged in the sale of goods or services related to the practice of law, for
example, the sale of title insurance or investment services to existing clients of
the lawyer’s legal practice. See Rule 5.7. It also applies to lawyers purchasing
property from estates they represent. It does not apply to ordinary fee arrangements between client and lawyer, which are governed by Rule 1.5, although its
requirements must be met when the lawyer accepts an interest in the client’s
business or other nonmonetary property as payment of all or part of a fee
clients of
the lawyer’s legal practice. See Rule 5.7. It also applies to lawyers purchasing
property from estates they represent. It does not apply to ordinary fee arrangements between client and lawyer, which are governed by Rule 1.5, although its
requirements must be met when the lawyer accepts an interest in the client’s
business or other nonmonetary property as payment of all or part of a fee. In
addition, the Rule does not apply to standard commercial transactions between
the lawyer and the client for products or services that the client generally
markets to others, for example, banking or brokerage services, medical services,
products manufactured or distributed by the client, and utilities’ services. In
such transactions, the lawyer has no advantage in dealing with the client, and
the restrictions in paragraph (a) are unnecessary and impracticable.
[2] Paragraph (a)(1) requires that the transaction itself be fair to the client
and that its essential terms be communicated to the client, in writing, in a
manner that can be reasonably understood. Paragraph (a)(2) requires that the
client also be advised, in writing, of the desirability of seeking the advice of
independent legal counsel. It also requires that the client be given a reasonable
opportunity to obtain such advice. Paragraph (a)(3) requires that the lawyer
obtain the client’s informed consent, in a writing signed by the client, both to the
essential terms of the transaction and to the lawyer’s role. When necessary, the
lawyer should discuss both the material risks of the proposed transaction,
including any risk presented by the lawyer’s involvement, and the existence of
reasonably available alternatives and should explain why the advice of independent legal counsel is desirable. See Rule 1.0(f) (deﬁnition of informed
consent)
to the
essential terms of the transaction and to the lawyer’s role. When necessary, the
lawyer should discuss both the material risks of the proposed transaction,
including any risk presented by the lawyer’s involvement, and the existence of
reasonably available alternatives and should explain why the advice of independent legal counsel is desirable. See Rule 1.0(f) (deﬁnition of informed
consent).
[3] The risk to a client is greatest when the client expects the lawyer to
represent the client in the transaction itself or when the lawyer’s ﬁnancial
interest otherwise poses a signiﬁcant risk that the lawyer’s representation of the
client will be materially limited by the lawyer’s ﬁnancial interest in the
transaction. Here the lawyer’s role requires that the lawyer must comply, not
only with the requirements of paragraph (a), but also with the requirements of
Rule 1.7. Under that Rule, the lawyer must disclose the risks associated with
the lawyer’s dual role as both legal adviser and participant in the transaction,
such as the risk that the lawyer will structure the transaction or give legal
advice in a way that favors the lawyer’s interests at the expense of the client.
Moreover, the client must give informed consent. In some cases, the lawyer’s
interest may be such that Rule 1.7 will preclude the lawyer from seeking the
client’s informed consent approving the transaction.
[4] If the client is independently represented in the transaction, paragraph
cture the transaction or give legal
advice in a way that favors the lawyer’s interests at the expense of the client.
Moreover, the client must give informed consent. In some cases, the lawyer’s
interest may be such that Rule 1.7 will preclude the lawyer from seeking the
client’s informed consent approving the transaction.
[4] If the client is independently represented in the transaction, paragraph
(a)(2) of this Rule is inapplicable, and the paragraph (a)(1) requirement for full
disclosure is satisﬁed either by a written disclosure by the lawyer involved in the
transaction or by the client’s independent counsel. The fact that the client was
independently represented in the transaction is relevant in determining
whether the agreement was fair and reasonable to the client as paragraph (a)(1)
further requires.
Use of Conﬁdential Information Related to Representation. [5] Use of conﬁ-
dential information relating to the representation to the disadvantage of the
client violates the lawyer’s duty of loyalty. Paragraph (b) applies when the
conﬁdential information is used to beneﬁt either the lawyer or a third person,
such as another client or business associate of the lawyer. For example, if a
lawyer learns that a client intends to purchase and develop several parcels of
land, the lawyer may not use that conﬁdential information to purchase one of
the parcels in competition with the client or to recommend that another client
make such a purchase. The Rule does not prohibit uses that do not disadvantage the client. For example, a lawyer who learns a government agency’s
interpretation of trade legislation during the representation of one client may
properly use that conﬁdential information to beneﬁt other clients. Paragraph (b)
prohibits disadvantageous use of conﬁdential client information unless the
client gives informed consent, except as permitted or required by these Rules.
See Rules 1.2(d), 1.6, 1.9(c), 3.3, 4.1(b), 8.1 and 8.3.
Gifts to Lawyers
nt agency’s
interpretation of trade legislation during the representation of one client may
properly use that conﬁdential information to beneﬁt other clients. Paragraph (b)
prohibits disadvantageous use of conﬁdential client information unless the
client gives informed consent, except as permitted or required by these Rules.
See Rules 1.2(d), 1.6, 1.9(c), 3.3, 4.1(b), 8.1 and 8.3.
Gifts to Lawyers. [6] A lawyer may accept a gift from a client, if the
transaction meets general standards of fairness. For example, a simple gift such
as a present given at a holiday or as a token of appreciation is permitted. If a
client offers the lawyer a more substantial gift, paragraph (c) does not prohibit
the lawyer from accepting it, although such a gift may be voidable by the client
under the doctrine of undue inﬂuence, which treats client gifts as presumptively
fraudulent. In any event, due to concerns about overreaching and imposition on
clients, a lawyer may not solicit, promote, or suggest that a substantial gift be
made to the lawyer or for the lawyer’s beneﬁt, except where the lawyer is related
to the client as set forth in paragraph (c).
[7] If effectuation of a substantial gift requires preparing a legal instrument
such as a will or conveyance, the client should have the detached advice that
another lawyer can provide. The sole exception to this Rule is where the client
is a relative of the donee.
[8] This Rule does not prohibit a lawyer from seeking to have the lawyer or
a partner or associate of the lawyer named as executor of the client’s estate or to
another potentially lucrative ﬁduciary position. Nevertheless, such appointments will be subject to the general conﬂict of interest provision in Rule 1.7
when there is a signiﬁcant risk that the lawyer’s interest in obtaining the
appointment will materially limit the lawyer’s independent professional judgment in advising the client concerning the choice of an executor or other
ﬁduciary
state or to
another potentially lucrative ﬁduciary position. Nevertheless, such appointments will be subject to the general conﬂict of interest provision in Rule 1.7
when there is a signiﬁcant risk that the lawyer’s interest in obtaining the
appointment will materially limit the lawyer’s independent professional judgment in advising the client concerning the choice of an executor or other
ﬁduciary. In obtaining the client’s informed consent to the conﬂict, the lawyer
should advise the client concerning the nature and extent of the lawyer’s
ﬁnancial interest in the appointment, as well as the availability of alternative
candidates for the position.
Literary Rights. [9] An agreement by which a lawyer acquires literary or
media rights concerning the conduct of the representation creates a conﬂict
between the interests of the client and the personal interests of the lawyer.
Measures suitable in the representation of the client may detract from the
publication value of an account of the representation. Paragraph (d) does not
prohibit a lawyer representing a client in a transaction concerning literary
property from agreeing that the lawyer’s fee shall consist of a share in
ownership in the property, if the arrangement conforms to Rule 1.5 and
paragraphs (a) and (i).
Financial Assistance. [10] Lawyers may not subsidize lawsuits or administrative proceedings brought on behalf of their clients, including making or
guaranteeing loans to their clients for living expenses, because to do so would
encourage clients to pursue lawsuits that might not otherwise be brought and
because such assistance gives lawyers too great a ﬁnancial stake in the
litigation. These dangers do not warrant a prohibition on a lawyer lending a
client court costs and litigation expenses, including the expenses of medical
examination and the costs of obtaining and presenting evidence, because these
advances are virtually indistinguishable from contingent fees and help ensure
access to the courts
ause such assistance gives lawyers too great a ﬁnancial stake in the
litigation. These dangers do not warrant a prohibition on a lawyer lending a
client court costs and litigation expenses, including the expenses of medical
examination and the costs of obtaining and presenting evidence, because these
advances are virtually indistinguishable from contingent fees and help ensure
access to the courts. Similarly, an exception allowing lawyers representing
indigent clients to pay court costs and litigation expenses regardless of whether
these funds will be repaid is warranted.
[11] Paragraph (e)(3) provides another exception. A lawyer representing an
indigent client without fee, a lawyer representing an indigent client pro bono
through a nonproﬁt legal services or public interest organization and a lawyer
representing an indigent client pro bono through a law school clinical or pro
bono program may give the client modest gifts. Gifts permitted under paragraph (e)(3) include modest contributions for food, rent, transportation, medicine and similar basic necessities of life. If the gift may have consequences for
the client, including, e.g., for receipt of government beneﬁts, social services, or
tax liability, the lawyer should consult with the client about these. See Rule 1.4.
[12] The paragraph (e)(3) exception is narrow. Modest gifts are allowed in
speciﬁc circumstances where it is unlikely to create conﬂicts of interest or invite
abuse. Paragraph (e)(3) prohibits the lawyer from (i) promising, assuring or
implying the availability of ﬁnancial assistance prior to retention or as an
inducement to continue the client-lawyer relationship after retention; (ii)
seeking or accepting reimbursement from the client, a relative of the client or
anyone affiliated with the client; and (iii) publicizing or advertising a willingness to provide gifts to prospective to clients beyond court costs and expenses of
litigation in connection with contemplated or pending litigation or administrative proceedings
continue the client-lawyer relationship after retention; (ii)
seeking or accepting reimbursement from the client, a relative of the client or
anyone affiliated with the client; and (iii) publicizing or advertising a willingness to provide gifts to prospective to clients beyond court costs and expenses of
litigation in connection with contemplated or pending litigation or administrative proceedings.
[13] Financial assistance, including modest gifts pursuant to paragraph
(e)(3), may be provided even if the representation is eligible for fees under a
fee-shifting statute. However, paragraph (e)(3) does not permit lawyers to
provide assistance in other contemplated or pending litigation in which the
lawyer may eventually recover a fee, such as contingent-fee personal injury
cases or cases in which fees may be available under a contractual fee-shifting
provision, even if the lawyer does not eventually receive a fee.
Person Paying for a Lawyer’s Services. [14] Lawyers are frequently asked to
represent a client under circumstances in which a third person will compensate
the lawyer, in whole or in part. The third person might be a relative or friend,
an indemnitor (such as a liability insurance company) or a co-client (such as a
corporation sued along with one or more of its employees). Because third-party
payers frequently have interests that differ from those of the client, including
interests in minimizing the amount spent on the representation and in learning
how the representation is progressing, lawyers are prohibited from accepting or
continuing such representations unless the lawyer determines that there will be
no interference with the lawyer’s independent professional judgment and the
client gives informed consent to permit the arrangement. See also, Rule 5.4(c)
(prohibiting interference with a lawyer’s professional judgment by one who
recommends, employs or pays the lawyer to render legal services for another)
accepting or
continuing such representations unless the lawyer determines that there will be
no interference with the lawyer’s independent professional judgment and the
client gives informed consent to permit the arrangement. See also, Rule 5.4(c)
(prohibiting interference with a lawyer’s professional judgment by one who
recommends, employs or pays the lawyer to render legal services for another).
[15] Sometimes, it will be sufficient for the client to give informed consent
regarding the fact of the payment and the identity of the third-party payer. If,
however, the fee arrangement creates a conﬂict of interest for the lawyer, then the
lawyer must comply with Rule 1.7. The lawyer must also conform to the
requirements of Rule 1.6 concerning conﬁdentiality. Under Rule 1.7(a), a
conﬂict of interest exists if there is signiﬁcant risk that the lawyer’s representation of the client will be materially limited by the lawyer’s own interest in the
fee arrangement or by the lawyer’s responsibilities to the third-party payer (for
example, when the third-party payer is a co-client). Under Rule 1.7(b), the
lawyer may accept or continue the representation if each affected client gives
informed consent, unless the conﬂict is nonconsentable. Under Rule 1.7(b), the
client’s consent must be conﬁrmed in writing.
Aggregate Settlements. [16] Differences in willingness to make or accept an
offer of settlement are among the risks of common representation of multiple
clients by a single lawyer. Under Rule 1.7, this is one of the risks that should be
discussed before undertaking the representation, as part of the process of
obtaining the clients’ informed consent. In addition, Rule 1.2(a) protects each
client’s right to have the ﬁnal say in deciding whether to accept or reject an offer
of settlement and in deciding whether to enter a guilty or nolo contendere plea
in a criminal case
wyer. Under Rule 1.7, this is one of the risks that should be
discussed before undertaking the representation, as part of the process of
obtaining the clients’ informed consent. In addition, Rule 1.2(a) protects each
client’s right to have the ﬁnal say in deciding whether to accept or reject an offer
of settlement and in deciding whether to enter a guilty or nolo contendere plea
in a criminal case. The rule stated in this paragraph is a corollary of both these
Rules and provides that, before any settlement offer or plea bargain is made or
accepted on behalf of multiple clients, the lawyer must inform each of them
about all the material terms of the settlement, including what the other clients
will receive or pay if the settlement or plea offer is accepted. See also, Rule 1.0(f)
(deﬁnition of informed consent). While lawyers representing plaintiffs or
defendants in a class action, or those proceeding derivatively, might not have a
full client-lawyer relationship with each member of the class, such lawyers must
comply with applicable rules regulating notiﬁcation of class members and other
procedural requirements designed to ensure adequate protection of the entire
class.
Limiting Liability and Settling Malpractice Claims. [17] Agreements prospectively limiting a lawyer’s liability for malpractice are prohibited unless the
client is independently represented in making the agreement because they are
likely to undermine competent and diligent representation. Also, many clients
are unable to evaluate the desirability of making such an agreement before a
dispute has arisen, particularly if they are then represented by the lawyer
seeking the agreement. This paragraph does not, however, prohibit a lawyer
from entering into an agreement with the client to arbitrate legal malpractice
claims, provided such agreements are enforceable and the client is fully
informed of the scope and effect of the agreement
sirability of making such an agreement before a
dispute has arisen, particularly if they are then represented by the lawyer
seeking the agreement. This paragraph does not, however, prohibit a lawyer
from entering into an agreement with the client to arbitrate legal malpractice
claims, provided such agreements are enforceable and the client is fully
informed of the scope and effect of the agreement. Nor does this paragraph limit
the ability of lawyers to practice in the form of a limited liability entity, where
permitted by law, provided that each lawyer remains personally liable to the
client for his or her own conduct and the ﬁrm complies with any conditions
required by law, such as provisions requiring client notiﬁcation or maintenance
of adequate liability insurance. Nor does it prohibit an agreement in accordance
with Rule 1.2 that deﬁnes the scope of the representation, although a deﬁnition
of scope that makes the obligations of representation illusory will amount to an
attempt to limit liability.
[18] Agreements settling a claim or a potential claim for malpractice are not
prohibited by this Rule. Nevertheless, in view of the danger that a lawyer will
take unfair advantage of an unrepresented client or former client, the lawyer
must ﬁrst advise such a person in writing of the appropriateness of independent
representation in connection with such a settlement. In addition, the lawyer
must give the client or former client a reasonable opportunity to ﬁnd and
consult independent counsel.
Acquiring Proprietary Interest in Litigation. [19] Paragraph (i) states the
traditional general rule that lawyers are prohibited from acquiring a proprietary interest in litigation. Like paragraph (e), the general rule has its basis in
common law champerty and maintenance and is designed to avoid giving the
lawyer too great an interest in the representation
to ﬁnd and
consult independent counsel.
Acquiring Proprietary Interest in Litigation. [19] Paragraph (i) states the
traditional general rule that lawyers are prohibited from acquiring a proprietary interest in litigation. Like paragraph (e), the general rule has its basis in
common law champerty and maintenance and is designed to avoid giving the
lawyer too great an interest in the representation. In addition, when the lawyer
acquires an ownership interest in the subject of the representation, it will be
more difficult for a client to discharge the lawyer if the client so desires. The
Rule is subject to speciﬁc exceptions developed in decisional law and continued
in these Rules. The exception for certain advances of the costs of litigation is set
forth in paragraph (e). In addition, paragraph (i) sets forth exceptions for liens
authorized by law to secure the lawyer’s fees or expenses and contracts for
reasonable contingent fees. The law of each jurisdiction determines which liens
are authorized by law. These may include liens granted by statute, liens
originating in common law and liens acquired by contract with the client. When
a lawyer acquires by contract a security interest in property other than that
recovered through the lawyer’s efforts in the litigation, such an acquisition is a
business or ﬁnancial transaction with a client and is governed by the requirements of paragraph (a). Contracts for contingent fees in civil cases are governed
by Rule 1.5. See also, Rules Governing Contingent Fees for Members of the
Wyoming State Bar.
Client-Lawyer Sexual Relationships. [20] The relationship between lawyer
and client is a ﬁduciary one in which the lawyer occupies the highest position
of trust and conﬁdence. The relationship is almost always unequal; thus, a
sexual relationship between lawyer and client can involve unfair exploitation of
the lawyer’s ﬁduciary role, in violation of the lawyer’s basic ethical obligation
not to use the trust of the client to the client’s disadvantage
ship between lawyer
and client is a ﬁduciary one in which the lawyer occupies the highest position
of trust and conﬁdence. The relationship is almost always unequal; thus, a
sexual relationship between lawyer and client can involve unfair exploitation of
the lawyer’s ﬁduciary role, in violation of the lawyer’s basic ethical obligation
not to use the trust of the client to the client’s disadvantage. In addition, such
a relationship presents a signiﬁcant danger that, because of the lawyer’s
emotional involvement, the lawyer will be unable to represent the client without
impairment of the exercise of independent professional judgment. Moreover, a
blurred line between the professional and personal relationships may make it
difficult to predict to what extent client conﬁdences will be protected by the
attorney-client evidentiary privilege, since client conﬁdences are protected by
privilege only when they are imparted in the context of the client-lawyer
relationship. Because of the signiﬁcant danger of harm to client interests and
because the client’s own emotional involvement renders it unlikely that the
client could give adequate informed consent, this Rule prohibits the lawyer from
having sexual relations with a current client regardless of whether the relationship is consensual and regardless of the absence of prejudice to the client.
[21] Sexual relationships that predate the client-lawyer relationship are not
prohibited. Issues relating to the exploitation of the ﬁduciary relationship and
client dependency are diminished when the sexual relationship existed prior to
the commencement of the client-lawyer relationship. However, before proceeding
with the representation in these circumstances, the lawyer should consider
whether the lawyer’s ability to represent the client will be materially limited by
the relationship. See Rule 1.7, Comment [12]
tation of the ﬁduciary relationship and
client dependency are diminished when the sexual relationship existed prior to
the commencement of the client-lawyer relationship. However, before proceeding
with the representation in these circumstances, the lawyer should consider
whether the lawyer’s ability to represent the client will be materially limited by
the relationship. See Rule 1.7, Comment [12].
[22] When the client is an organization, paragraph (j) of this Rule prohibits
a lawyer for the organization (whether inside counsel or outside counsel) from
having a sexual relationship with a constituent of the organization who
supervises, directs or regularly consults with that lawyer concerning the
organization’s legal matters.
Imputation of Prohibitions. [23] Under paragraph (k), a prohibition on
conduct by an individual lawyer in paragraphs (a) through (i) also applies to
all lawyers associated in a ﬁrm with the personally prohibited lawyer. For
example, one lawyer in a ﬁrm may not enter into a business transaction with a
client of another member of the ﬁrm without complying with paragraph (a),
even if the ﬁrst lawyer is not personally involved in the representation of the
client. The prohibition set forth in paragraph (j) is personal and is not applied
to associated lawyers.
Deﬁnitional Cross-References
“Firm” See Rule 1.0(d)
“Informed consent” See Rule 1.0(f)
“Knowingly” See Rule 1.0(g)
“Substantial” See Rule 1.0(m)
“Writing” and “Signed” See Rule 1.0(o)

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- [Wyo. R. Prof. Conduct 1.5 Rule 1.5. Fees](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULEPROFCONDATTOLAW_R1_5.md)
- [Wyo. R. Prof. Conduct 1.6 Rule 1.6. Conﬁdentiality of Information](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULEPROFCONDATTOLAW_R1_6.md)
- [Wyo. R. Prof. Conduct 1.7 Rule 1.7. Conﬂict of Interest: Current Clients](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULEPROFCONDATTOLAW_R1_7.md)
- [Wyo. R. Prof. Conduct 1.8 Rule 1.8. Conﬂict of Interest: Current Clients: Speciﬁc Prohibited Transactions](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULEPROFCONDATTOLAW_R1_8.md)
- [Wyo. R. Prof. Conduct 1.9 Rule 1.9. Duties to Former Clients](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULEPROFCONDATTOLAW_R1_9.md)
- [Wyo. R. Prof. Conduct 1.10 Rule 1.10. Imputation of Conﬂicts of Interest: General Rule](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULEPROFCONDATTOLAW_R1_10.md)
- [Wyo. R. Prof. Conduct 1.11 Rule 1.11. Special Conﬂicts of Interest for Former and Current Gov- ernment Officers and Employees](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULEPROFCONDATTOLAW_R1_11.md)
- [Wyo. R. Prof. Conduct 1.12 Rule 1.12. Former Judge, Arbitrator, Mediator, or Other Third-Party Neutral](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULEPROFCONDATTOLAW_R1_12.md)
- [Wyo. R. Prof. Conduct 1.13 Rule 1.13. Organization as Client](https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULEPROFCONDATTOLAW_R1_13.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_WY_RULEPROFCONDATTOLAW_R1_8. Check the current official text before relying on it. Not legal advice.
