B. Current Client Conflicts - Lawyer's Personal Interest/Duties

Question 1

What must Lawyer do if there is apparent conflict of interest between Lawyer and Client’s matter?*

Answer 1

If CoI apparent ‘before’ undertaking matter => Lawyer must NOT undertake matter

If CoI apparent ‘after’ undertaking matter => Lawyer must withdraw from matter!!!

Question 2

What are the consequences of Lawyer’s failure to properly handle conflict of interest?

Answer 2

1) Disqualification as counsel in litigated matter
2) Professional discipline
3) Civil liability for legal malpractice

Question 3

May Lawyer refer Clients to Enterprise?*

Answer 3

If Lawyer has undisclosed financial interest => Lawyer can NOT refer Client to Enterprise!!!

Question 4

May Lawyers related to each other represent adverse parties?*

Answer 4

NO!!!
- Parent/Child/Sibling/Spouse relations

UNLESS Client gives informed consent!!!

FYI Personal conflict => NOT imputed to other lawyers in same firm!!!

Question 5

May Lawyers represent Clients with sexual relations?*

Answer 5

If sexual relations existed BEFORE representation => YES!!!

If sexual relations existed AFTER representation => NO!!!

FYI Personal conflict => NOT imputed to other lawyers in same firm!!!