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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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


New York Legal Ethics

1.7   Rule 1.7 Conflict of Interest: General Rule

1.7:100   Comparative Analysis of New York Rule

Primary New York References: DR 5-101(A), DR 5-105(A) & (B), DR 5-107(B), EC 5-1, EC 5-14, EC 5-15, EC 5-17, EC 5-21, EC 5-22
Background References: ABA Model Rule 1.7, Other Jurisdictions
Commentary:

1.7:101      Model Rule Comparison

[The discussion of this topic has not yet been written.]

1.7:102      Model Code Comparison

[The discussion of this topic has not yet been written.]

1.7:200   Conflicts of Interest in General

Primary New York References: DR 5-101(A), DR 5-105(A) & (B), DR 5-107(B), EC 5-1, EC 5-14, EC 5-15, EC 5-17, EC 5-21, EC 5-22
Background References: ABA Model Rule 1.7, Other Jurisdictions
Commentary: ABA/BNA 55:101, ALI-LGL 201-204, Wolfram 7.1-7.6

1.7:210      Basic Prohibition of Conflict of Interest

[The discussion of this topic has not yet been written.]

1.7:220      Material Adverse Effect on Representation

[The discussion of this topic has not yet been written.]

1.7:230      Perspective for Determining Conflict of Interest

[The discussion of this topic has not yet been written.]

1.7:240      Client Consent to a Conflict of Interest; Non-Consentable Conflicts

[The discussion of this topic has not yet been written.]

1.7:250      Imputation of Conflict of Interest to Affiliated Lawyers [see 1.10:200]

[The discussion of this topic has not yet been written.]

1.7:260      Sanctions and Remedies for Conflicts of Interest

[The discussion of this topic has not yet been written.]

1.7:270      Positional Conflicts

[The discussion of this topic has not yet been written.]

1.7:280      Relationship to Other Rules (e.g., MRs 1.13, 2.2, 5.7, 6.3, 6.4)

[The discussion of this topic has not yet been written.]

1.7:300   Conflict of Interest Among Current Clients (Concurrent Conflicts)

Primary New York References: DR 5-101(A) & (B), DR 5-102, DR 5-104(A), DR 5-105(A), (B) & (C), DR 5-107(A), DR 7-106(B)(2), EC 2-21, EC 5-1, EC 5-2, EC 5-3, EC 5-9, EC 5-11, EC 5-13, EC 5-14, EC 5-15, EC 5-16, EC 5-17, EC 5-19, EC 5-21, EC 5-22, EC 5-23
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

1.7:310      Representing Parties with Conflicting Interests in Civil Litigation

[The discussion of this topic has not yet been written.]

1.7:315      Insured-Insurer Conflicts [see also 1.8:720]

[The discussion of this topic has not yet been written.]

1.7:320      Conflicts of Interest in Criminal Litigation

[The discussion of this topic has not yet been written.]

1.7:330      Multiple Representation in Non-Litigated Matters

[The discussion of this topic has not yet been written.]

1.7:340      Conflicts of Interest in Representing Organizations

[The discussion of this topic has not yet been written.]

1.7:400   Conflict of Interest Between Current Client and Third-Party Payor

Primary New York References: DR 5-101(A), DR 5-105(A) & (B), DR 5-107(B), EC 5-1, EC 5-14, EC 5-15, EC 5-17, EC 5-21, EC 5-22
Background References: ABA Model Rule 1.7, Other Jurisdictions
Commentary: ABA/BNA 51.901, ALI-LGL 215, 216, Wolfram 8.8

1.7:410      Insured-Insurer Conflicts [see 1.7:315 and 1.8:720]

[The discussion of this topic has not yet been written.]

1.7:420      Lawyer with Fiduciary Obligations to Third Person [see 1.13:520]

[The discussion of this topic has not yet been written.]

1.7:500   Conflict of Interest Between Current Client and Lawyer's Interest [see also 1.8:200]

Primary New York References: DR 5-101(A), DR 5-105(A) & (B), DR 5-107(B), EC 5-1, EC 5-14, EC 5-15, EC 5-17, EC 5-21, EC 5-22
Background References: ABA Model Rule 1.7, Other Jurisdictions
Commentary: ABA/BNA 51:501, ALI-LGL 206-208, Wolfram 8.11