District of Columbia Conflict of Interest Policy

State:
Multi-State
Control #:
US-140EM
Format:
Word; 
Rich Text
Instant download

Description

This policy explains to the employees various situations in which outside work activities may cause a conflict of interest with company objectives and goals.

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FAQ

11 When lawyers representing different clients in the same matter or in substantially related matters are closely related by blood or marriage, there may be a significant risk that client confidences will be revealed and that the lawyer's family relationship will interfere with both loyalty and independent

ABA Model Rule 1.7(a) prohibits concurrent conflicts, which it defines as "directly adverse" interests or interests that carry "a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a

Managing Potential Conflicts of InterestDisclose all potential conflicts of interest.Identify factors that may mitigate the likelihood of actual conflicts of interest.Implement effective management strategies to minimize development of actual conflicts of interest.Carefully review sponsorship and license terms.

The recommended approach tracks the ABA Model Rule, which generally describes two kinds of conflict situations relating to current clients: (1) those involving direct adversity, (MR 1.7(a)(1)), and (2) those involving a significant risk that a lawyer's representation of current clients will be materially limited by the

What is a Conflict of Interest? A conflict of interest occurs when an individual's personal interests family, friendships, financial, or social factors could compromise his or her judgment, decisions, or actions in the workplace. Government agencies take conflicts of interest so seriously that they are regulated.

The basic rule is that a lawyer may not represent two or more clients at the same time if the representation would involve a concurrent conflict of interest between the clients, unless the lawyer obtains the informed consent of the affected parties.

The California Rules generally permit a lawyer to represent multiple clients with conflicting interests so long as all the clients have provided their informed written consent.

A client can generally waive a conflict of interest that may arise in the future if that particular conflict of interest to be waived can ethically be waived and if the lawyer and client together have in their minds the conflict of interest that actually does later arise.

(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.

D.C.'s rule has allowed nonlawyer ownership since 1991, and a small minority of D.C. firms have one or more partners who are lobbyists or public relations professionals, rather than lawyers.

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District of Columbia Conflict of Interest Policy