TOPIC: Conflicts of Interest; Waivers; Imputation of Conflicts
DIGEST: A law firm may represent a client whose interests in a corporate transaction are adverse to those of a current client in a separate matter, and may represent multiple clients in a single matter, with disclosure and informed consent, so long as a disinterested lawyer would believe that the law firm can competently represent the interests of each. Satisfaction of the "disinterested lawyer" test in this context will depend on an evaluation of the nature and circumstances of the simultaneous representations, including those enumerated below.
CODE: DR 5-105; EC 5-1; EC 5-15; EC 5-16.
QUESTION: Under what circumstances, if any, may a law firm in a corporate transaction represent a client adverse to a current client of the law firm in another matter, or represent multiple clients of the firm in a single transaction where those clients have differing interests?