1990 Illinois Rules of Professional Conduct

RULE 1.7   Conflict of Interest: Current Clients General Rule [revisions to 1990 Rule are indicated as follows: text deleted from the 1990 Rule is shown by strikethrough; additions to the 1990 Rule are shown in red]

(a) Except as provided in paragraph (b), aA lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if: of that client will be directly adverse to another client, unless:

(1) the representation of one client will be directly adverse to another client; or

 

(2) there is 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 personal interest of the lawyer.

(1)   the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and

(2)   each client consents after disclosure.

(b)    A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interests, unless:

(1)   the lawyer reasonably believes the representation will not be adversely affected; and

(2)   the client consents after disclosure.

(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:
 

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

 

(2) the representation is not prohibited by law;

 

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and

 

(4) each affected client gives informed consent.

(c)    When representation of multiple clients in a single matter is undertaken, the disclosure shall include explanation of the implications of the common representation and the advantages and risks involved.

Adopted February 8, 1990; effective August 1, 1990.