State Bar Ethics Opinion on Conflicts of Interest in pro bono Ch 7 rep

Post Reply
Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


Of limited application, but worth reading.
Concurrent Representation of Bankruptcy Debtor and Creditor May Be
Permissible in Limited Situations
In a recent opinion, the State Bar Standing Committee on Professional
Responsibility and Conduct (COPRAC) reached the conclusion that in a certain
specific factual scenario, an attorney can represent a debtor in bankruptcy
even if the attorney also represents a creditor of the debtor in an
unrelated matter. While the opinion is important for its recognition that
the representation of two clients under this scenario does not create a
conflict of interest, of equal importance is the opinion's discussion of how
slight changes in the factual situation could create a disqualifying
conflict of interest. Attorneys who practice in this area should review the
opinion and recognize how to evaluate the facts involving the representation
to determine if a potentially disqualifying conflict may exist.
(more)

The post was migrated from Yahoo.
Post Reply