C. Conflicts of Interest Flashcards
When may Lawyer represent clients despite conflicts of interest?*
1) Lawyer reasonably believes he can provide competent representation
2) Representation is NOT prohibited by law
3) Representation does NOT involve Opposing Clients represented by Lawyer in same litigation/proceeding before Tribunal
4) Opposing Clients give informed consent in writing
When may Lawyer NOT represent clients?*
Current Client’s interests are materially adverse to Former Client’s interests
- Including NOT related matters
- UNLESS Former Client gives informed consent + confirmed in writing
Current Client’s interests are materially adverse to Former Law Firm’s interests
Lawyer’s business/property/personal interests create significant risk of adversely affecting Lawyer’s judgment
When are Lawyers allowed to have sexual relations with Client?*
Sexual relations that pre-date initiation of Lawyer-Client relationship
Marriage relations
When are Lawyers NOT allowed to have sexual relations with Client?*
Domestic relations
As condition of;
- Entering/Continuing professional relationship
- Employing coercion in entering sexual relations incident
FYI Lawyer has fiduciary duty NOT to take advantage of Client
When is Lawyer disqualified from Client representation if he joins/stays at/leaves firm?*
Same Firm
- If one Lawyer is NOT allowed to represent Client alone => ALL Lawyers are NOT allowed to represent Client
Leaving/Joining Firm
- If Firm knows/reasonably should know Client’s interests are materially adverse to Opposing Client + anyone remaining at Firm has confidential info material to matter => Lawyer is NOT allowed to represent Client
UNLESS => Waive disqualifications
1) Lawyer determines representation is NOT prohibited under Rules involving current clients
2) Opposing Clients give informed consent in writing
- UNLESS risk is so great => Client consent can NOT cure conflict
What are the Lawyer’s duties towards Organisation?*
Make clear to Constituents that Lawyer represents Organisation (NOT Constituents)
- Organisation is Client
Constituent’s engagement in violation of Organisation’s legal obligations/law + likely to injure Organisation
- Lawyer must proceed as reasonably necessary in Organisation’s best interests
Minimise disruption to Organisation
Minimise risk of revealing info re Organisation to external members
Advise + Ask Constituent for reconsideration of matter
Go to higher authority
Request separate legal opinion
What duty must Lawyer owe to Clients?
Loyalty + Independent judgment
