Conflicts may arise for lawyers acting in a dual capacity, including those serving as directors for client organizations. State Bar ethics advisors Tim Pierce and Aviva Kaiser explain that a lawyer’s role as a director may limit the lawyer’s ability to fully represent the client in future legal matters, thus the lawyer must secure a written advance waiver of conflicts.

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Read “Untangling Third-person Conflicts of Interest.” Dean Dietrich says determining whether a potential client’s interests might clash with those of a colleague requires predicting the likelihood of future conflicts.