Conflicts of Interest and Disqualification
Concurrent Representation of Entity and Individual
Course Pricing
Course Summary
A conflict of interest can create headaches for a lawyer, and it can take up time that you can't pass along to the client. In this course, Attorney Mark B. Houts guides the practitioner through some of the general pitfalls regarding conflicts of interest, and then focuses more narrowly on conflicts pertaining to concurrent representation of an entity and its constituent individuals. This course looks at the rules of professional conduct, mostly Rules 1.7 and 1.13, in determining whether a conflict exists, how to handle the potential conflict, and whether it is "consentable." We will discuss the duties that give rise to a conflict of interest, principally the duty of loyalty and the duty of confidentiality. We will discuss the courts' reluctance to disqualify counsel, giving preference to a litigant's choice, but willingness to disqualify where doing so will protect the "integrity of the judicial process." This course also looks at derivative litigation, which is rife with potential for conflicts, where an attorney represents both an entity and a constituent individual. Lastly, the course addresses the disqualification process, including motion practice, evidentiary hearings, evidentiary requirements, and required standing to raise the issue. Sign up, and buckle in for a fun ride!
Mark Houts
Mark B. Houts has been litigating in Oklahoma since 2006. He began his career in insurance defense. In recent years, he has handled many civil-litigation matters including personal injury, property damage, title disputes, contract disputes, and business disputes. In 2017, Mark opened Houts Law, PLLC, which has been thriving ever since. In 2025, he started OkieCLE.com to deliver high-quality, Oklahoma-specific content to Oklahoma lawyers.
Many years, Super Lawyers has named Mark as a "Rising Star" or "Super Lawyer". He has published multiple articles in the Oklahoma Bar Journal and an article in the Oklahoma City University Law Review.
