Bar Ethics Phrases

Question 1

State the 5 criteria for current Conflict of Interest.

Answer 1

[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.

Question 2

Can related Attys have cases together?

Answer 2

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]

Question 3

If conflicted from a course of action, is that necessarily prevent the representation?

Answer 3

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.

Question 4

State the 2 jingles together that summarize Current Client Conflict in a nutshell.

Answer 4

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

Question 5

In sum:
State 4 ways 4.1-9 Conflict Former Client, finds conflict?

Answer 5

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.

Question 6

By way of reminder -
In what 3 instances MAY Atty disclose confidential info?

Answer 6

[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.

Question 7

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]

Answer 7

Yes.   
hey New, NO CRIMeS by U
------------
New or Old
Confid, Reveal, Interest, Material, Same
Use
-----------
if Old or New rep'd  w/ Materially Adv Int, Same Use or Reveal or Confid
------------
Essentially, New Atty can't share all the knowledge gained about Adversary to the advantage of Potential Client.

Question 8

What governs Govt Atty going Private?

Answer 8

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.

Question 9

New PA is blocked b/c he went for the PURSe / SPUR.
What must Private Firm do to represent?

Answer 9

GOVT TO NEW PA
-----------
PURSe or SPUR gets treated like a mole
(1)   Screens him, 
(2)  [w/holds] $, 
(3) Report him to Govt.

Question 10

New PA is blocked b/c has CONFID INFO.
What must Private Firm do to represent?

Answer 10

Never report a Confidential informant, just:
(1) Screen him +
(2) w/hold $.
———–
Citiz will never know his govt has confid info.

Question 11

GOVT TO NEW PA
-----------
State how Firm treats differently:
New PA went for the PURSe / SPUR
vs. 
New PA w/ Confid Info.

Answer 11

PURSe = mole (scr/$/report to govt)
Confid = confid informant. (scr/$)

Question 12

GOVT TO NEW PA
-----------
Who does Firm tell if New PA has:
PURSe or SPUR
vs.
Confid Info.

Answer 12

PURSe = SPUR = Govt. (mole)
Confid = No One (never report a confid informant)

Question 13

How do you know if representation wd be directly adverse?

Answer 13

[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.