#25 · 2026-08-31 · Legal term
Conflict of interest
A concurrent conflict of interest exists when one current representation is directly adverse to another or when a significant material-limitation risk arises. Some conflicts are consentable only if every condition in Model Rule 1.7(b) is satisfied.
Rule to remember
A concurrent conflict of interest exists when current-client representations are directly adverse or a significant risk exists that other duties or personal interests will materially limit representation.
Key elements and checks
- Direct adversity or a significant material-limitation risk under Rule 1.7(a).
- Determine whether the representation is consentable under Rule 1.7(b).
- When permitted, obtain each affected client's informed consent confirmed in writing.
In the source’s words
“each affected client gives informed consent, confirmed in writing”
ABA Model Rule 1.7(b)(4)
The ABA Model Rules are models; controlling state rules and fact-specific nonconsentability provisions must be checked.