Article:
John S. Dzienkowski, Positional Conflicts of Interest, 71 TEXAS L. REV. 457 (1993).
 

Abstract:
In Positional Conflicts of Interest, Professor Dzienkowski explores the issue of conflicts that arise when a law firm adopts a legal position for one client seeking a legal result that is contrary to the position taken on behalf of another client in an unrelated matter. Dzienkowski proposes an approach that divides positional conflicts into three categories, depending on the severity of the conflict: those that are so minor as to require no client consent, those that are permissible with the client’s consent, and those that are so serious as to be nonconsentable.