Quality Advocacy and the Code of Professional Responsibility, Conflicts of Interests--A Trial Judge's Notes
Professional Responsibility, Ethics, conflict of interests
The quality of representation is undermined when a client's interests conflict with those of a third party, another client, a former client, or the attorney himself. In addition, a criminal defendant's interests in acquittal or a civil litigant's desire to vindicate his claim may run afoul of a court's search for truth. The Code of Professoinal Responsibility addresses the conflicts of interest problem directly and indirectly in a number of disciplinary rules and ethical considerations. Judge Judd enumerates these provisions in his reflections on some of the conflicts he has witnessed from the bench, and he outlines the judiciary's role in safeguarding the client's interest in effect, independent representation.
The Honorable Orrin G. Judd,
Quality Advocacy and the Code of Professional Responsibility, Conflicts of Interests--A Trial Judge's Notes,
44 Fordham L. Rev. 1097
Available at: https://ir.lawnet.fordham.edu/flr/vol44/iss6/3