Code of Federal Regulations · Section
§ 19.8 — Conflicts Of Interest
12 C.F.R. § 19.8
(a) Conflict of interest in representation. No person may appear as counsel for another person in an adjudicatory proceeding if it reasonably appears that such representation may be materially limited by that counsel's responsibilities to a third person or by the counsel's own interests. The ALJ may take corrective measures at any stage of a proceeding to cure a conflict of interest in representation, including the issuance of an order limiting the scope of representation or disqualifying an individual from appearing in a representative capacity for the duration of the proceeding.
(b) Certification and waiver. If any person appearing as counsel represents two or more parties to an adjudicatory proceeding or also represents a non-party on a matter relevant to an issue in the proceeding, counsel must certify in writing at the time of filing the notice of appearance required by § 19.6(a):
(1) That the counsel has personally and fully discussed the possibility of conflicts of interest with each such party and non-party; and
(2) That each such party and non-party waives any right it might otherwise have had to assert any known conflicts of interest or to assert any non-material conflicts of interest during the course of the proceeding.
Authorizing Statute
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Mode of recovery28 U.S.C. § 2461
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Costs and fees of parties5 U.S.C. § 504
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Registration requirements for securities15 U.S.C. § 78l
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Violation of provisions of chapter12 U.S.C. § 93
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Practice before the Department31 U.S.C. § 330
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Flood insurance purchase and compliance requirements and escrow accounts42 U.S.C. § 4012a