The fiduciary's duty of loyalty has been subjected to a great deal of analysis. That analysis usually focuses on the distinctive proscriptive rules, which forbid the fiduciary from being in a conflict of interest and related situations. This paper argues that in order to understand what is truly...

The Strother decision is of major interest for legal practitioners, since it clarifies the circumstances in which a law firm could be found to have acted adversely to the interests of an existing client. From an academic perspective, however, the decision signals an unsettling lack of consensus...