---
kind: "section"
citation: "37 C.F.R. § 11.107"
title: "37"
number: "11.107"
heading: "Conflict of interest; Current clients."
url: "https://uscodex.org/cfr/37/11.107"
---

# §11.107. Conflict of interest; Current clients.

- (a) Except as provided in [paragraph (b)](#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)](#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.**

## Notes

### 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.