Code of Ethics and Conflict of Interest
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The rules of ethics for lawyers include provisions whose purpose is to prevent conflicts of interest in the lawyer’s work. Section 14 of the Code of Ethics lists these situations:
(A) A lawyer shall not represent a client, shall not undertake to represent him and shall not continue to represent him, if there is a concern that he will not be able to fulfill his professional duty towards him, due to his interest, or due to a prior commitment or fiduciary duty to another client, or a heavy workload or another similar reason.
(B) A lawyer must not represent parties with conflicting interests in the same matter.
(C) in a matter in which a party a regular client of the lawyer did not represent another party’s lawyer, even if in the same case the lawyer does not represent the regular client;
For this provision, “regular client” is a client to whom the lawyer regularly provides services.
(D) The provisions of subsections (b) and (c) shall not apply to the drafting of an agreement and to the handling of a matter which the parties have agreed in writing that the same lawyer will do it.
(E) An attorney and his client may agree in writing to delimit professional service that the attorney will provide to the client, to avoid conflict with another client’s representation or with an interest or other duty of the attorney, provided the reduction of service is reasonable in the circumstances.
It does not infringe on an attorney’s fiduciary duty to his clients.