Bar Ethics Phrases Flashcards
State the 5 criteria for current Conflict of Interest.
[Current poses Same DAM Limits & Risks & Relations]
———–
1) Same or related matter
2) Directly Adverse interest
3) Materially Limits atty acting for each
4) subst Risk will occur
or
5) Related by blood, adoption, or marriage as a parent, child, sibling, or spouse.
Can related Attys have cases together?
No.
- Related by blood, adoption, or marriage as a parent, child, sibling, or spouse:
- Can’t go against each other w/o written consent.
———–
[Current poses Same DAM Risks & Limits Relations]
If conflicted from a course of action, is that necessarily prevent the representation?
4-1.7 CONFL, CURRENT ----------- [ALI knows how to Analyze a Current Conflict.] ----------- No. Depends on: 1) if affected client wants to Accommodate the other. 1) Likelihood. 2) Impact.
State the 2 jingles together that summarize Current Client Conflict in a nutshell.
Current poses Same DAM Limits & Risks
fortunately ALI knows how to Analyze a Current Conflict.
———–
— Same matter — Dir Adv — Mater Limits — Related
— Accommdate—-Likelihood - Impact
In sum:
State 4 ways 4.1-9 Conflict Former Client, finds conflict?
CONFLICT FORMER ----------- Your Former is a SMURF ----------- 1. new Client in related matter w/ Materially Adverse interest to former. 2. Use info for former's disadvantage. 3. Reveal former's info. UNLESS Former consents. comes up in switching teams & work with same players.
By way of reminder -
In what 3 instances MAY Atty disclose confidential info?
[May Disclose to Serve + Comply w/ a Defense]
———–
1) Serve Client’s interest UNLESS Client specifically requires it not be disclosed.
2) Comply w/ Bar Rules.
3) establish Atty’s Defense/claim/response in:
(a) Dispute w/ Client.
(b) Criminal/civil charge based on Client-involved conduct;
(c) Proceeding re: Atty’s representation of Client.
Is New Firm blocked from representing Potential C if New Atty has any of the following 3 conflicts -
1) 4-1.7 Current C.
2) 4-1.9 Former C.
3) 4-1.6 Confidentiality.
—
* Notice here we are concerned about confidential info.
Not a concern in Whole Firm/Existing Atty.* [hint - 4 things]
NEW FIRM ----------- Yes. hey New, NO CRIMeS by U ----------- [New sNO in MAI URCS me. New atty shdn't wear ASICS] ----------- Essentially, New Atty can't share all the knowledge gained about Adversary to the advantage of Potential Client.
What governs Govt Atty going Private?
New private atty went for the PURSe // is a SPUR.
———–
(1) Cd USE + REVEAL to disadv [Former C Conflict]
(2) If PERSONALLY & SUBSTANTIALLY participated as PO or pub ee.
Unless written informed consent.
New PA is blocked b/c he went for the PURSe / SPUR.
What must Private Firm do to represent?
GOVT TO NEW PA ----------- PURSe or SPUR gets treated like a mole (1) Screens him, (2) [w/holds] $, (3) Report him to Govt.
New PA is blocked b/c has CONFID INFO.
What must Private Firm do to represent?
Never report a Confidential informant, just:
(1) Screen him +
(2) w/hold $.
———–
Citiz will never know his govt has confid info.
GOVT TO NEW PA ----------- State how Firm treats differently: New PA went for the PURSe / SPUR vs. New PA w/ Confid Info.
PURSe = mole (scr/$/report to govt)
Confid = confid informant. (scr/$)
GOVT TO NEW PA ----------- Who does Firm tell if New PA has: PURSe or SPUR vs. Confid Info.
PURSe = SPUR = Govt. (mole)
Confid = No One (never report a confid informant)
How do you know if representation wd be directly adverse?
[Directly Adverse? say L’Chaim, L’Chaim]
———–
1) Loyalty & Confidentiality compromised.
2) Limits Choices. i.e., can’t consider certain courses of action b/c impacts another Client.
