Suggested New Text for Rule 1.7

The ABA Ethics 20/20 Commission has asked for input on this possible addition to Model Rule 1.7, which addresses conflicts of interest involving current clients:

“(c) A lawyer and client can agree that the lawyer’s work on a matter will be governed by the conflict of interest rules of a particular jurisdiction, but only if:

“(1) the client gives informed consent to the agreement, confirmed in writing;

“(2) the lawyer advises the client in writing of the desirability of seeking independent counsel regarding the agreement;

“(3) the client has a reasonable opportunity to consult with independent counsel ...