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Student Publications Homepage
ARTICLE CONTENTS
[Pages 1203-1236]
TOP OF ARTICLE
Introduction
I. The Basic Ethical Doctrine
A. The Model Code of Professional Responsibility
B. The Model Rules of Professional Conduct
C. The Restatement (Third) of the Law Governing Lawyers
II. Development of the Case Law
A. The Per Se Disqualification Rule
B. Widespread Rejection of the Per Se Rule
III. Conflicts Caused by the Client
A. Gould: A Per Se Approach with a Balancing Test Exception
B. Facts and Circumstances Test
C. The Restatement (Third) of the Law Governing Lawyers
IV. Analysis
A. The Per Se Rule or the Balancing Test
B. The Role Of Fault in Conflicts of Interest
Conclusion
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