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FLETCHER v. BOIES, SCHILLER & FLEXNER LLP

114698/07, 1555, 1554.

140 A.D.3d 587 (2016)

35 N.Y.S.3d 28

2016 NY Slip Op 05041

MARY ANNE FLETCHER, Appellant, v. BOIES, SCHILLER & FLEXNER LLP, et al., Respondents. FORD MODELS, INC., Nonparty Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 23, 2016.

Plaintiff failed to establish that defendants breached their duty by representing her despite a conflict of interest, in violation of Code of Professional Responsibility DR 5-105 (22 NYCRR 1200.24), the conflicts rule in effect at the time. Unlike current Rules of Professional Conduct (22 NYCRR 1200.0) rule 1.7, DR 5-105 did not require that client consent to a conflict be confirmed in writing. An issue of fact exists whether defendants' clients consented orally.

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