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?
[ALI knows how to Analyze a Current Conflict.]
———–
No. Depends on:
1) if affected client wants to Accommodate the other.
2). Likelihood.
3). 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?
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]
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.
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?
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 $.
———–
Citiz will never know his govt has confid info.
State how Firm treats differently:
New PA went for the PURSe / SPUR
vs.
New PA w/ Confid Info.
PURSe = mole (scr/$/report to govt)
Confid = confid informant. (scr/$)
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.
