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The ABA foresees that a lawyer may represent opposing parties upon their informed and written consent and if the necessary precautions have been taken to safeguard the clients' interests.
Rule 7 of the Rules of Professional Conduct of the State Bar states that: "A member of the State Bar shall not represent conflicting interests, except with the consent of all parties concerned."
A disengagement letter serves to make clear that a client has ceased to be a current client for conflict of interest analysis. We recommend lawyers include language about file destruction in all engagement letters and again in the disengagement letters.
Conflicts of interest are a part of the Code of Professional Conduct, which prohibits certain practices of attorneys, including: Representing two sides in a dispute where both have adverse interests. Acting against a former client by representing someone working against their interests.
Write out the body of the letter. Lead with the main purpose of your letter and then explain the reasons for your question or request. ... Be specific when referencing relevant information including names, dates and places. ... Keep to one main topic per paragraph, even if you have several issues to discuss in the letter.
Unprofessional Behavior Failing to show up for meetings. Using foul or crass language. Making important decisions about your case without your input. Missing deadlines. Filing paperwork incorrectly. Failing to disclose conflicts of interest. Continuing to work on your case when there is a known conflict of interest.
RE: Termination of Legal Services Dear Mr. Lawyer, I have decided to terminate our current legal relationship immediately and have accepted legal counsel elsewhere. I am terminating this relationship because I have been calling your office for three months and have received no updates on my case status.
(a) A lawyer shall not, without informed written consent* from each client and compliance with paragraph (d), represent a client if the representation is directly adverse to another client in the same or a separate matter.