I like many things about Professor Milan Markovic’s article on which I have been invited to comment. He has chosen an interesting, important, and timely topic and provides a detailed and persuasive critique of the ability of sophisticated clients to understand and protect themselves from the dangers presented by attorney conflicts of interest. I found particularly interesting his examination of the psychological issues that surround a lawyer obtaining a client’s consent to a conflict of interest.
I devote this commentary, though, to two aspects of Professor Markovic’s article I find puzzling. The first is the modesty of the remedial measures he proposes. The second is his apparent ambivalence about whether the Sullivan lawyers acted unethically.
McMunigal, Kevin C.
"Lawyer Conflicts of Interest and Sophisticated Clients,"
Utah OnLaw: The Utah Law Review Online Supplement: Vol. 2013
, Article 20.
Available at: https://dc.law.utah.edu/onlaw/vol2013/iss1/20