In 2009 the Kentucky Supreme Court substantially revised the Kentucky Rules of Professional Conduct.
Articles in this index written before 2009 citing Kentucky Rules of Professional Conduct must be checked for any changes to the rule cited.

When To Do Conflict Checks - "Do them early; do them often; do them accurately."

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At the Fall 1995 National Legal Malpractice Conference Carol N. Cure of O’Connor Cavanagh, Phoenix, Arizona offered the following list of times to do conflict analysis:

  • Before promoting a specific new client.
  • Before the initial consultation about a new matter.
  • After the initial consultation, whenever new names are obtained.
  • When opening a new matter, whether for an old or new client.
  • Before any pleading is filed that names new parties.
  • Before naming a non-party at fault, where required to do so.
  • Before noticing formal discovery on a non-party (e.g., a subpoena).
  • Whenever new experts are identified by any party.
  • Before any new transaction is undertaken.
  • Before a major business transaction by a firm attorney.

 


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