Ala. S. Att'y Discip., SECTION II, C, Standard 4.0, Standard 4.3

As amended through October 30, 2024
Failure to Avoid Conflicts of Interest

Absent aggravating or mitigating circumstances, upon application of the factors set out in Standard 3.0, the following discipline is generally appropriate in cases involving conflicts of interest:

4.31. Disbarment is generally appropriate when a lawyer, without the informed consent of a client or clients:

(a) Engages in representation of a client knowing that the lawyer's interests are adverse to the client's, with the intent to benefit the lawyer or another, and causes serious or potentially serious injury to the client; or

(b) Simultaneously represents clients that the lawyer knows have adverse interests, with the intent to benefit the lawyer or another, and causes serious or potentially serious injury to a client;

(c) Represents a client in a matter substantially related to a matter in which the interests of a present or former client are materially adverse, and knowingly uses information relating to the representation of a client with the intent to benefit the lawyer or another, and causes serious or potentially serious injury to a client.

4.32. Suspension is generally appropriate when a lawyer knows of a conflict of interest and does not fully disclose to a client the possible effect of that conflict and causes injury or potential injury to a client.

4.33. Public reprimand is generally appropriate when a lawyer is negligent in determining whether the representation of a client may be materially affected by the lawyer's own interests, or whether the representation will adversely affect another client, and causes injury or potential injury to a client.

4.34. Private reprimand is generally appropriate when a lawyer engages in an isolated instance of negligence in determining whether the representation of a client may be materially affected by the lawyer's own interests, or whether the representation will adversely affect another client, and causes little or no actual or potential injury to a client.

Ala. S. Att'y Discip., SECTION II, C, Standard 4.0, Standard 4.3