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Thursday, February 7, 2013

Conflict Of Interest

I found an Illinois case referring to a negate of interest. Alex Munoz Gen. avower v. MC3D, Inc., 1998, is about a case in which the client, Alex Munoz, filed suit against some other company. He discovered that the home that presents him, the plaintiff, had also in the away represented MC3D, Inc, the company he was suing. The plaintiff then filed a motion to disqualify charge for conflict of interest. The law firm admitted having signed a few papers for this company, but claimed on that point was not any real attorney-client relationship. The court disagreed and disqualified counsel claiming that under the conflict of interest blueprint, the representation of one political party was directly adverse to the other client.
The nature of this conflict is that in formerly representing the company the plaintiff is suing, the law firm was iniquitous of a conflict of interest. This could have been annuled by the firm if they use their ethical wall and explained to the plaintiff that there was a conflict of interest in this case, and that they could not represent him. In the statutory Information Institute, in Illinois levelheaded Ethics, under rule 1.

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6:390 it states that in certain circumstances a lawyer may represent clients whose interest could impact each other. The lawyer must maintain each client and obtain consent. Although in obtaining this consent, it most credibly would reveal significant information as to each client. This rule could have been used in the case I described, to avoid the impact it ultimately had.
Works Cited
Legal Information Institute. Illinois Legal Ethics.
<www.law.cornell.edu/ethics/il/narr/IL>
LexisNexis Academic
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