information:highlighting
Direct adversity to current client

An attorney owes the client undivided loyalty. The courts have described this principle as "integral to the nature of an attorney's duty." Without undivided loyalty, irreparable damage may be done "to the existing client's sense of trust and security – features essential to the effective functioning of the fiduciary relationship..." A key feature of the duty of loyalty is that an attorney may not act directly adverse to a current client or represent a litigation adversary of the client in an unrelated matter. The damage done is to the client's confidence that the lawyer is serving their interests faithfully. An example of a lawyer acting directly adverse to a client is when the lawyer sues the client. At the other end of the spectrum is when a lawyer represents business competitors of the client who are not adverse to it in a lawsuit or negotiation. Representing a client's business competitors in unrelated matters does not constitute direct adversity nor give rise to a loyalty conflict. As one state bar ethics committee has noted: