# 12 CFR § 1081.109: Conflict of interest

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-12-1081.109

## Section

- **Citation:** 12 CFR § 1081.109
- **Heading:** Conflict of interest
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 12—Banks and Banking > CHAPTER X—CONSUMER FINANCIAL PROTECTION BUREAU > PART 1081—RULES OF PRACTICE FOR ADJUDICATION PROCEEDINGS > Subpart A—General Rules

## Text

(a) Conflict of interest in representation. No person shall appear as counsel for another person in an adjudication proceeding if it reasonably appears that such representation may be materially limited by that counsel's responsibilities to a third person or by the counsel's own interests. The hearing officer may take corrective measures at any stage of a proceeding to cure a conflict of interest in representation, including the issuance of an order limiting the scope of representation or disqualifying an individual from appearing in a representative capacity for the duration of the proceeding.
(b) Certification and waiver. If any person appearing as counsel represents two or more parties to an adjudication proceeding or also represents a non-party on a matter relevant to an issue in the proceeding, counsel must certify in writing at the time of filing the notice of appearance required by § 1081.107(a)(3):
(1) That the counsel has personally and fully discussed the possibility of conflicts of interest with each such party and non-party; and
(2) That each such party and/or non-party waives any right it might otherwise have had to assert any known conflicts of interest or to assert any conflicts of interest during the course of the proceeding.

## Nearby sections

- [12 CFR § 1081.100 § 1081.100 Scope of the rules of practice.](https://www.frixlaw.com/law-library/statutes/ecfr-12-1081.100.md)
- [12 CFR § 1081.101 § 1081.101 Expedition and fairness of proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-12-1081.101.md)
- [12 CFR § 1081.102 § 1081.102 Rules of construction.](https://www.frixlaw.com/law-library/statutes/ecfr-12-1081.102.md)
- [12 CFR § 1081.103 § 1081.103 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-12-1081.103.md)
- [12 CFR § 1081.104 § 1081.104 Authority of the hearing officer.](https://www.frixlaw.com/law-library/statutes/ecfr-12-1081.104.md)
- [12 CFR § 1081.105 § 1081.105 Assignment, substitution, performance, disqualification of hearing officer.](https://www.frixlaw.com/law-library/statutes/ecfr-12-1081.105.md)
- [12 CFR § 1081.106 § 1081.106 Deadlines.](https://www.frixlaw.com/law-library/statutes/ecfr-12-1081.106.md)
- [12 CFR § 1081.107 § 1081.107 Appearance and practice in adjudication proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-12-1081.107.md)
- [12 CFR § 1081.108 § 1081.108 Good faith certification.](https://www.frixlaw.com/law-library/statutes/ecfr-12-1081.108.md)
- [12 CFR § 1081.109 § 1081.109 Conflict of interest.](https://www.frixlaw.com/law-library/statutes/ecfr-12-1081.109.md)
- [12 CFR § 1081.110 § 1081.110 Ex parte communication.](https://www.frixlaw.com/law-library/statutes/ecfr-12-1081.110.md)
- [12 CFR § 1081.111 § 1081.111 Filing of papers.](https://www.frixlaw.com/law-library/statutes/ecfr-12-1081.111.md)
- [12 CFR § 1081.112 § 1081.112 Formal requirements as to papers filed.](https://www.frixlaw.com/law-library/statutes/ecfr-12-1081.112.md)
- [12 CFR § 1081.113 § 1081.113 Service of papers.](https://www.frixlaw.com/law-library/statutes/ecfr-12-1081.113.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-12-1081.109. Check the current official text before relying on it. Not legal advice.