(a) Except as
provided in paragraph (b), a lawyer
shall not represent a client if the
representation involves a concurrent
conflict of interest. A concurrent
conflict of interest exists if:
(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.
(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,
confirmed in writing.
