Spears v. Overbey

KAREN NELSON MOORE, Circuit Judge.

Because I do not agree with the majority’s interpretation or application of Kentucky Rule of Professional Conduct 1.7(b) in this case, I respectfully dissent.

Spears and Hacker argue that Overbey breached his duty of care as their attorney when he allegedly failed to inform them *387that he also represented the bank. Relying on Rule 1.7(b), Spears and Hacker explain that the conflict arose from the fact that “personal interest posed the probability that Overbey would do nothing in his representation of [them] to damage his long time relationship with the bank.”…