October 23, 2014

Clearly Enforceable Future Conflicts Waivers

ABA/BNA Lawyers' Manual on Professional Conduct
Peter R. Jarvis

As practiced in every United States jurisdiction other than Texas, the “duty of undivided loyalty” means that unless the clients consent, individual lawyers and their firms cannot oppose any current firm client on any legal matter--even if the matters are entirely factually and legally unrelated. At times, this rule has been extended to prohibit representations adverse to related entities or affiliates as well. By contrast, many if not all European countries and the Texas Rules of Professional Conduct allow a lawyer or firm to represent one current client adversely to another without client consent as long as the matters are factually and legally unrelated.

READ: Clearly Enforceable Future Conflicts Waivers

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