Louisiana Legal Ethics

1.7 Rule 1.7 Conflict of Interest: General Rule

1.7:100 Comparative Analysis of Louisiana Rule

¥ Primary Louisiana References: LA Rule 1.7
¥ Background References: ABA Model Rule 1.7, Other Jurisdictions
¥ Commentary:

1.7:101 Model Rule Comparison

The text of LRPC 1.7 is identical to that in its counterpart, MR 1.7, with one exception. LRPC 1.7(a) adds the general statement that Ò[l]oyalty is an essential element in the lawyerÕs relationship to a client.Ó While this statement is not present in the text of the Model Rule, it does appear in Comment 1 to MR 1.7.

1.7:102 Model Code Comparison

LRPC 1.7(a) requires that a lawyer be loyal to his client. Paragraph (a) also prevents a lawyer from representing a client if that representation will be adverse to another client, unless the lawyer reasonably believes that the representation will not adversely affect the relationship with the other client and each client consents after consultation. DR 5-105(A) prevents a lawyer from accepting an offer of employment if, in his independent professional judgment, representation of the new client will adversely affect representation of the existing client or result in his representing differing interests. DR 5-105(B) prevents a lawyer from continuing multiple representation in the situation described in Paragraph (A). In both situations, a lawyer may accept or continue the representation if it is obvious that he can adequately represent both clients and if each consents after full disclosure.

LRPC 1.7(b) prevents a lawyer from representing a client if his representation of that client will be materially limited by his responsibilities to another client, a third person or by his own interests. Again, the lawyer may proceed with the representation if both clients consent after full disclosure and the lawyer reasonably believes the representation will not be adversely affected by the relationships or interests. LRPC 1.7(b) differs from LRPC 1.7(a) in two significant respects. First, Paragraph (b) addresses representation that may be materially limited as opposed to representation between the two clients becoming directly adverse, as described in Paragraph (a). Secondly, it addresses the impact that a lawyerÕs responsibilities to a third person or his own interests may have on his representation of a client. DR 5-101(A) prevents a lawyer from accepting employment if his professional judgment will be affected by his own interests unless the client consents. LRPC 1.7(b) is more stringent, requiring both the clientÕs consent and the lawyerÕs reasonable belief that his representation of the client will not be adversely affected before the lawyer can engage in such representation.

1.7:200 Conflicts of Interest in General

¥ Primary Louisiana References: LA Rule 1.7
¥ Background References: ABA Model Rule 1.7, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 55:101, ALI-LGL ¤¤ 201-204, Wolfram ¤¤ 7.1-7.6