Also known as:non-consentable · incapable of consent
Written by attorneys · grounded in primary & secondary sources — see below
A conflict of interest that a lawyer cannot undertake or continue even with the clients' informed consent because the lawyer's duties of loyalty and independent judgment would be irreconcilable.
Sources & Authorities
How it applies
Common Examples
2
Family Auto Accident Joint Representation
Natasha Nielsen and her husband Neville Norton retain the same firm after a car crash to pursue claims against an uninsured motorist and their own insurer. The firm also represents the insurer in related coverage issues. When Neville is later named as a defendant in Natasha's personal injury suit, the firm possesses confidential information from Neville that now directly undercuts its ability to defend him. The firm must withdraw from at least one representation because the conflict cannot be cured by consent.
Partnership Dispute and Disciplinary Matter
Noreen Nguyen represents Harbor Legal Group in an internal partnership dispute while simultaneously defending partner Nathan Nguyen in a state bar disciplinary proceeding. Harbor accuses Nathan of misappropriating client funds and demands that Noreen support that position. Nathan insists the accusation is false and expects Noreen to defend him vigorously. Noreen must withdraw from one matter because the direct adversity creates a nonconsentable conflict.
Put it into practice
Test Yourself
7
Practice Questions5
· 1 primary source
Select any source to read its text and confirm it supports the definition.
Cases
Hornbooks
Common questions
Frequently Asked
3
When does a concurrent conflict become nonconsentable under Rule 1.7?+
A concurrent conflict is nonconsentable when the lawyer cannot reasonably believe she can provide competent and diligent representation to each client. This occurs when one client's position is directly adverse to another's on the same core factual allegation, making loyalty and independent judgment irreconcilable regardless of waivers.
Supporting sources
Does client consent ever cure a nonconsentable conflict?+
No. Informed consent cannot authorize representation when the conflict would violate Rule 1.7 because the lawyer's duties to the clients are irreconcilable. The lawyer must withdraw from at least one representation under Rule 1.16(a)(1).
Supporting sources
What must a lawyer do once a nonconsentable conflict arises during joint representation?+
The lawyer must withdraw from at least one representation because continued representation would violate Rule 1.7. Withdrawal is required even if no court has yet ordered it and even if the clients prefer to continue.
Supporting sources
Professional ResponsibilityThe client-lawyer relationship · Termination of the client-lawyer relationshipMPREIntermediate