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It is an issue, a cardinal rule in the law that an attorney may not represent two clients with adverse interests.
"It is our position that she has represented adverse interests in this case, and as such has compromised herself.
Rules of professional ethics in this state bar a lawyer from representing two parties with adverse interests in the same legal action, civil or criminal.
This often results in the curing of title defects or the elimination of adverse interests from the title before a transaction takes place.
That includes the obligation to obtain the highest possible price for the property and precludes advising a buyer how to save some money at the seller's expense, a practice known as representing adverse interests.
There will be provision for the shares to be sold free from adverse interests and with all future rights but, perhaps, with the right for the seller to receive a final pre-completion dividend.
In addition, since the document is in the hands of the victim's representative, who is understandably reluctant to expose this highly personal writing to the adverse interests of the defendant, discovery is unavailable.
(a) Sole-Actor Exception: Where the agent is "self-dealing," the knowledge of the fraud will be imputed notwithstanding the adverse interests if "the party that should have been informed was the agent itself albeit in its capacity as principle."