Among the conflict rules, none is more exacting than Rule 1.8(a). It is the provision that governs when a lawyer enters into a business transaction with a client, and its requirements are uniquely strict.

This CLE course will unpack the meaning of a “business transaction” in the professional responsibility context and consider which client arrangements fall under the Rule’s umbrella. We will then turn to the difficult question of waiver: can these conflicts ever be waived, and if so, what specific elements must a waiver contain in order to be valid?

Finally, we will address the practical challenges the Rule creates for lawyers who alter their financial arrangements with clients midstream. By exploring these issues in depth, participants will leave with a clearer understanding of how Rule 1.8(a) operates in practice, and how to steer clear of its common pitfalls.