Conflicts considerations for In-house Lawyers

If you're currently employed as an in-house lawyer, side-gigs come with additional conflicts considerations.

What about conflicts of interest with my employer?

Great question, and one we get often. Advising a company outside of your current full-time employment does not immediately mean there is a conflict of interest, even if the advisory engagement is with a company in your industry. However, there are a few things to keep in mind before taking on a new advisory engagement:

1. Check your current company’s employee handbook and employment agreement for your company’s conflicts policy and/or any provisions restricting your outside activities. Oftentimes, a company allows outside activities so long as you obtain consent (usually written). Generally speaking, these engagements are net positive for you and your current employer, as they push you to grow as a legal advisor and level-up your skills as a practitioner. Hopefully your manager can see the benefits these arrangements have for employee morale and engagement. If you need help having this conversation, reach out to us!

2. It’s important to understand your professional ethical obligations when engaging with multiple clients. We provide the model rules below, but check out your state bar’s rules of professional conduct, and consult with an attorney if you have any questions.

   According to rule Model Rule 1.7, a concurrent conflict exists if:

   1. the representation of one client will be directly adverse to another client; or

   2. there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

   Even if a concurrent conflict exists, Model Rule 1.7 allows such representation if:

   1. the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

   2. the representation is not prohibited by law;

   3. the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and

   4. each affected client gives informed consent, confirmed in writing