12 CFR § 1081.109 - Conflict of interest.
---
identifier: "/us/cfr/t12/s1081.109"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "12 CFR § 1081.109 - Conflict of interest."
title_number: 12
title_name: "Banks and Banking"
section_number: "1081.109"
section_name: "Conflict of interest."
chapter_name: "CONSUMER FINANCIAL PROTECTION BUREAU"
part_number: "1081"
part_name: "RULES OF PRACTICE FOR ADJUDICATION PROCEEDINGS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "12 U.S.C. 5512(b)(1), 5563(e)."
regulatory_source: "90 FR 48740, Oct. 29, 2025, unless otherwise noted."
cfr_part: "1081"
---
# 1081.109 Conflict of interest.
(a) *Conflict of interest in representation.* No person shall appear as counsel for another person in an adjudication 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 hearing officer 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 adjudication 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 § 1081.107(a)(3):
(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/or non-party waives any right it might otherwise have had to assert any known conflicts of interest or to assert any conflicts of interest during the course of the proceeding.