In relation to the service provider and in the context of the terms of the retainer, the rights of the clients are paramount.
The Twentieth Century Fund report also pointed out that legislators should consider the dangers of conflict of interest when drafting legislation and avoid features that would invite abuse. Other conflict of interest schemes included "business diversions" to independent ventures sometimes in competition with the employeror "resource diversions.
Non-compete agreements are often required of executives and business owners for this reason. In certain circumstances, conflict of interest can result in prosecution.
Rethinking White-Collar Crime.
Westport, CT: Quorom Books, Common law provisions prohibiting those practices existed in some states at the time but were rarely enforced. Occupational Fraud and Abuse.