Georgia Rule 1.7 Conflict of Interest: General Rule |
ABA Model Rule 1.7 Conflict of Interest: Current
Clients |
(a) A lawyer shall not represent or continue to represent a client if there is a significant risk that the lawyer’s own interests or the lawyer’s duties to another client, a former client, or a third person will materially and adversely affect the representation of the client,
except as permitted in (b) |
(a)
Except as provided in paragraph (b), a lawyer shall not represent a client if
the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists
if: (1)
the representation of one client will be directly adverse to another client;
or (2) there is
a significant risk that the representation of one or more clients will be
materially limited by the lawyer’s responsibilities to another client, a
former client or a third person or by a personal interest of the lawyer. |
(b) If client informed consent is permissible a
lawyer may represent a client notwithstanding a significant risk of material
and adverse effect if each affected client or former client gives informed consent,
confirmed in writing, to the representation after: |
(b)
Notwithstanding the existence of a concurrent conflict of interest under
paragraph (a), a lawyer may represent a client if: (4) each affected client gives informed
consent confirmed in writing |
(1) consultation with the
lawyer, pursuant to Rule 1.0 (c) |
No Comparable provision |
(2) having received in
writing reasonable and adequate information about the material risks of and
reasonable available alternatives to the representation, and |
See Rule 1.0 Definition of Informed
Consent and 1.7 Comment [18] Informed consent requires that each affected
client be aware of the relevant circumstances and of the material and reasonably
foreseeable ways that the conflict could have adverse effects on the
interests of that client. |
(3) having
been given the opportunity to consult with independent counsel. |
No Comparable provision |
(c) Client informed consent is not permissible if
the representation: |
(b)
Notwithstanding the existence of a concurrent conflict of interest under
paragraph (a), a lawyer may represent a client if: |
(1)
is prohibited by law or these Rules |
(2) the representation is not
prohibited by law |
(2)
includes the assertion of a claim by one client against another client
represented by the lawyer in the same or substantially related proceeding; or |
(3) the representation does not
involve the assertion of a claim by one client against another client
represented by the lawyer in the same litigation or other proceeding |
(3) involves circumstances rendering it reasonably unlikely
that the lawyer will be able to provide adequate representation to one or
more of the affected clients. |
(1) the lawyer reasonably believes
that the lawyer will be able to provide competent and diligent representation
to each affected client |