1.7:330 MULTIPLE REPRESENTATION IN NON-LITIGATED MATTERS

• Jurisdiction: Arizona

1.7:330 Multiple Representation in Non-Litigated Matters

Although the majority of Arizona authorities that discuss conflict of interest issues concern situations where a lawyer is representing clients whose interests are actually or potentially adverse in a litigation setting, the conflict-of-interest rules of the Arizona Rules of Professional Conduct, by their very terms, apply to transactional matters as well. As the Comments to ER 1.7 note:

[25] Conflicts of interest under paragraphs (a)(1) and (a)(2) arise in contexts other than litigation. . . . Relevant factors in determining whether there is significant potential for material limitation include the duration and intimacy of the lawyer's relationship with the client or clients involved, the functions being performed by the...