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98] 1. 13 in August 2003. The amended rule retained the actual knowledge standard-even after the amendment, the attorney must have actual knowledge of a material violation by the corporate client-but expanded the lawyer's obligation to report misconduct. The Sarbanes-Oxley Act and subsequent SEC regulations created new restrictions on certain corporate lawyers. F. 10 provides the general imputed disqualification rules. 12.  III. WA IVER OF CONFLICTS A. Rationale Because most conflicts put client interests at risk and because client autonomy and decision-making are values worthy of some respect, clients are empowered to waive most conflicts of interest.
This exception usually means a fee dispute between lawyer and client, but it applies beyond fee disputes to any controversy between lawyer and client, such as a lawyer malpractice claim.  b. " When a lawyer is the defendant in a criminal or civil action based on conduct of the client or is otherwise accused of miscon duct that relates to a client's conduct, the lawyer may respond, using confidential informa tion as necessary. 6 Comment 8. [81-82] A p s u L E s u M M A R y C-20 PROFESSIONAL RESPONSIBILITY c.
78-79] A. Generally The duty of confidentiality is owed to current clients, former clients, and prospective clients. 1. Former clients: Former clients are owed the duty of confidentiality.   2. Prospective clients: Prospective clients are owed a measure of confidentiality.  3. No fee necessary: It is not necessary for a fee to be charged for the duty of confidentiality and the evidentiary privilege to be effective. B.  Organizational clients In addition to representing people, lawyers represent organizations as clients.