Conflicts of Interest (Commercial Litigation)

Summary

This practice note discusses conflicts of interest that may confront a commercial attorney and raise issues concerning duties of loyalty, confidentiality, and their ability to render independent and impartial representation. The practice note covers how an attorney can identify the existence of a potential or actual conflict, the model rules of professional conduct with respect to conflicts of interest, conflicts that can arise in the representation of business organizations, client conflict waivers, the consequences associated with a failure to properly manage a conflict, and measures counsel can take to avoid and/or handle a conflict of interest.