It’s Not Easy to Limit Representation So That Another Client Will Waive Conflict

Outside counsel for a corporate client may not freely go along with restrictions that the company wants to impose as a condition of waiving conflicts of interest involving the lawyer’s other clients, according to an opinion from the Michigan bar’s ethics committee (Michigan State Bar Committee on Professional and Judicial Ethics, Informal Op. RI-358).

The opinion reviews what is ethically required for a lawyer to determine whether she can limit the scope of a prospective or current client’s representation to accommodate conditions placed on the granting of a waiver of conflicts by a current client.

The committee advised ...