An attorney representing an organization represents
the organization, and not its employees.
A potential conflict of interest occurs when
(i) two clients’ interests are directly adverse to each other, or (ii) there is a high probability that representing one client will materially limit the lawyer’s ability to represent another; this is an objective standard.
Clients can waive most conflicts by
consent after consultation (Virginia’s equivalent of “informed consent”).
If a conflict of interest is sufficiently gross or there is a direct conflict,
then the conflict cannot be waived.