Conflicts rules govern who a lawyer may represent, and they are the basis of disqualification motions in commercial litigation.
Concurrent conflicts. Representation of one client directly adverse to another, or where there is a significant risk that the representation will be materially limited by responsibilities to another client, a former client, a third person, or the lawyer’s own interests.
Consent. Available for many conflicts if the lawyer reasonably believes competent and diligent representation can be provided, the representation is not prohibited by law, the clients are not directly adverse in the same litigation, and each affected client gives informed consent confirmed in writing.
Former clients. A lawyer may not represent another person in the same or a substantially related matter where that person’s interests are materially adverse, without informed consent.
Substantial relationship is assessed by whether confidential information normally obtained in the prior matter would materially advance the new client’s position.
Imputation across a firm, with screening available in defined circumstances, particularly for lateral hires.
Advance waivers are enforceable in proportion to how specifically they describe the conflicts contemplated and the sophistication of the client.
Disqualification is a remedy, not an entitlement, and courts weigh tactical motive and prejudice.