Can a conflict of interest be waived?

Is there such a thing as an unwaivable conflict of interest in California? California’s new Rules of Professional Conduct (“New Rules”) became effective on November 1, 2018. First, there are conflicts that cannot be waived because an informed consent cannot be obtained.

Can a lawyer have a conflict of interest in a divorce case?

Communications between a lawyer and client in domestic matters are frequently wide-ranging and address sensitive matters. Even if the prior representation involved a different adversary such as a former spouse, it is likely that confidential communications occurred between attorney and client that could be relevant in the divorce case.

Is it a conflict of interest for an attorney to represent a client?

It’s considered a conflict of interest for an attorney with a large law firm to represent a client when another member of the firm is representing the opposing party. Your attorney is not allowed to enter into any business relationship in which he or she would receive confidential information about the opposing party.

Can a lawyer represent both spouses in an uncontested divorce?

This is because confidential information can be obtained from just a preliminary interview. An attorney is never allowed to represent both spouses during a divorce, even if it’s an uncontested divorce. This is because the spouses inherently have opposing interests regarding their long term welfare and the distribution of marital property.

Can a family lawyer represent a former client in a divorce?

It is useful to analyze each of these elements, considering the application to family law. Being a family’s “family lawyer” can mean that under Rule 1.9, one may not represent either spouse in a divorce. The “former client” may be the other spouse, or the prior representation may have been of the parties jointly.

Can a conflict of interest exist before representation?

[3] A conflict of interest may exist before representation is undertaken, in which event the representation must be declined, unless the lawyer obtains the informed consent of each client under the conditions of paragraph (b).