January 1, 2020

Neil Posner, principal in the Policyholders' Insurance Coverage group, recently co-authored an article in the American College of Coverage Counsel's January 2020 newsletter that discussed issue conflicts and the American Bar Association's Model Rule. Under the Model Rule, representation of a client raises an ethical concern if the representation of one client will be "directly adverse" to another client, or there is a "significant risk" that representation of a client or clients will be "materially limited" by the responsibilities to another client.

Neil walks through the exceptions to this rule and the ways in which business interests may guide law firms toward disclosure and informed consent, if for no other reason than to avoid souring existing business relationships.

This article contains material of general interest and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. Under applicable rules of professional conduct, this content may be regarded as attorney advertising.