End-of-life notice: American Legal Ethics Library
As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.
Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.
We regret any inconvenience.
Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.
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
This section has not yet been completed.
1.7:210 Basic Prohibition of Conflict of Interest
This section has not yet been completed.
1.7:220 Material Adverse Effect on Representation
This section has not yet been completed.
1.7:230 Perspective for Determining Conflict of Interest
This section has not yet been completed.
1.7:240 Client Consent to a Conflict of Interest; Non-Consentable Conflicts
This section has not yet been completed.
1.7:250 Imputation of Conflict of Interest to Affiliated Lawyers [see 1.10:200]
This section has not yet been completed.
1.7:260 Sanctions and Remedies for Conflicts of Interest
This section has not yet been completed.
1.7:270 Positional Conflicts
This section has not yet been completed.
1.7:280 Relationship to Other Rules (e.g., MRs 1.13, 2.2, 5.7, 6.3, 6.4)
This section has not yet been completed.
1.7:300 Conflict of Interest Among Current Clients (Concurrent Conflicts)
¥ Primary Louisiana References:
LA Rule 1.7
¥ Background References: ABA
Model Rule 1.7, Other Jurisdictions
¥ Commentary: ABA/BNA ¤¤ 51:101, 51:301, ALI-LGL ¤¤
209-212, Wolfram ¤¤ 7.1-7.3
This section has not yet been completed.
1.7:310 Representing Parties with Conflicting Interests in Civil Litigation
This section has not yet been completed.
1.7:315 Insured-Insurer Conflicts [see also 1.8:720]
This section has not yet been completed.
1.7:320 Conflicts of Interest in Criminal Litigation
This section has not yet been completed.
1.7:330 Multiple Representation in Non-Litigated Matters
This section has not yet been completed.
1.7:340 Conflicts of Interest in Representing Organizations
This section has not yet been completed.
1.7:400 Conflict of Interest Between Current Client and Third-Party Payor
¥ Primary Louisiana References:
LA Rule 1.7
¥ Background References: ABA
Model Rule 1.7, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 51.901, ALI-LGL ¤¤ 215, 216,
Wolfram ¤ 8.8
This section has not yet been completed.
1.7:410 Insured-Insurer Conflicts [see 1.7:315 and 1.8:720]
This section has not yet been completed.
1.7:420 Lawyer with Fiduciary Obligations to Third Person [see 1.13:520]
This section has not yet been completed.
1.7:500 Conflict of Interest Between Current Client and Lawyer's Interest [see also 1.8:200]
¥ Primary Louisiana References:
LA Rule 1.7
¥ Background References: ABA
Model Rule 1.7, Other Jurisdictions
¥ Commentary: ABA/BNA ¤ 51:501, ALI-LGL ¤¤ 206-208,
Wolfram ¤ 8.11
This section has not yet been completed.
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