ABA-390
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| Determining if representing one corporate affiliate and being adverse to another creates a conflict depends on: the lawyer's and client's understanding of which corporate entities are clients; the clients' expectations; the facts of the representation; the nature of the corporate affiliation (a client's affiliate corporation will only "rarely" be considered a client if the client does not own a controlling portion of the affiliate and the lawyer has had no dealings with the affiliate); and the sharing of any confidential information. Generally, such adversity is only "indirect". |