§11.107. Conflict of interest; Current clients.
37 C.F.R. § 11.107
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:
The representation of one client will be directly adverse to another client; or
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.
Notwithstanding the existence of a concurrent conflict of interest under paragraph (a) of this section, a practitioner may represent a client if:
The practitioner reasonably believes that the practitioner will be able to provide competent and diligent representation to each affected client;
The representation is not prohibited by law;
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
Each affected client gives informed consent, confirmed in writing.
Notes, amendments, and revision history
Source
Source: 78 FR 20201, Apr. 3, 2013, unless otherwise noted.
Authority
Authority: 5 U.S.C. 500; 15 U.S.C. 1123; 35 U.S.C. 2(b)(2), 32, 41; Sec. 1, Pub. L. 113-227, 128 Stat. 2114.
Source
Source: 69 FR 35452, June 24, 2004, unless otherwise noted.