37 CFR 11.107: Conflict of interest: Current clients

Taken from the USPTO's TM Federal Statutes and Rules, Last Revised in January 2018

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§11.107    Conflict of interest: Current clients.

  • (a) Except as provided in paragraph (b) of this section, a practitioner shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest 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 practitioner’s responsibilities to another client, a former client or a third person or by a personal interest of the practitioner.
  • (b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a) of this section, a practitioner may represent a client if:
    • (1) The practitioner reasonably believes that the practitioner 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 practitioner in the same litigation or other proceeding before a tribunal; and
    • (4) Each affected client gives informed consent, confirmed in writing.

[Added 78 FR 20180, April 3, 2013, effective May 3, 2013]