As a typical example, suppose a contractor violated a building code when constructing a house. The house then collapses and somebody is injured. The violation of the building code establishes negligence per se and the contractor will be found negligent, so long as the contractor's breach of the code was the cause (proximate cause and actual cause) of the injury.
The Restatement (Third) of Torts § 14 (Tentative Draft No. 1, March 28, 2001) addresses negligence per se. Also see Grable & Sons Metal Prods. v. Darue Eng'g & Mfg., 125 S. Ct. 2363, 2370 (2005).
Inactive client relationships may create per se conflicts for criminal defense lawyers: a per se conflict of interest may arise because of a past client relationship, regardless of whether criminal defense attorneys have spoken with their former client in years, says the Illinois Supreme Court. Illinois prosecutors and defense attorneys both should beware.
Oct 01, 2009; [ILLUSTRATION OMITTED] A possible conflict with existing or potential clients is always in the back of an attorney's mind....